Crl.O.P.(MD) No.15324 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.10.2025 CORAM THE HON'BLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD) No.15324 of 2025 Appukani ... Petitioner Vs. 1.State of Tamil Nadu rep. by The Deputy Inspector General of Police, Tirunelveli Range, No.4, St.Thomas Road, Maharaja Nagar, Tirunelveli - 627 011. 2.The Superintendent of Police, Tirunelveli District, Tirunelveli. 3.The Deputy Superintendent of Police, Nanguneri Division, Tirunelveli District. 4.The Inspector of Police, Vijayanarayanam Police Station, Tirunelveli District. (Crime No.67 of 2025) ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of Bharathiya Nagarik Suraksha Sanhita, 2023 to direct the first respondent to transfer the investigation in Crime No.67 of 2025 from the file of the _____________ Page No. 1 of 5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.15324 of 2025 fourth respondent police to the file of the second respondent, for conducting a fair, proper and expeditious investigation and for recovery of the stolen 50 sovereigns of gold jewels of the petitioner, based on the petitioner's representation dated 16.07.2025. For Petitioner : Mr.S.Pandiyaraj For Respondents : Mr.K.Sanjai Gandhi Government Advocate (Crl. Side) O R D E R This Criminal Original Petition has been filed seeking a direction to the first respondent to transfer the investigation in Crime No.67 of 2025 from the file of the fourth respondent police to the file of the second respondent, for conducting a fair, proper and expeditious investigation, and for recovery of the stolen 50 sovereigns of gold jewels belonging to the petitioner, based on her representation dated 16.07.2025. 2. The main grievance of the petitioner is that the fourth respondent police is conducting the investigation in a lethargic manner; and that though the anticipatory bail petition was dismissed, some of the accused have not yet been arrested by the fourth respondent, and the stolen jewels have not been recovered. _____________ Page No. 2 of 5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.15324 of 2025 3. The fourth respondent has filed a status report stating that the petitioner had handed over the jewels to the accused for obtaining a loan and for discharging her debts; and that the accused pledged the same in various banks, paid some of the petitioner’s debts, and misappropriated the remaining amount. 4. It is well settled that the discretion is vested with the investigating officer as to whether the arrest of the accused is required or not, even though the anticipatory bail petition is dismissed. Further, the counter affidavit states that the final report has been filed before the learned Judicial Magistrate, Nagercoil, which has been taken on file as C.C.No.749 of 2025. 5. In such circumstances, the prayer sought by the petitioner for transfer of investigation has become infructuous. In any case, the petitioner has not made out any grounds for transfer of investigation. Therefore, this Criminal Original Petition is dismissed. 09.10.2025 JEN Index: Yes/ No Neutral Citation: Yes / No _____________ Page No. 3 of 5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.15324 of 2025 Copy To: 1.The Deputy Inspector General of Police, Tirunelveli Range, No.4, St.Thomas Road, Maharaja Nagar, Tirunelveli - 627 011. 2.The Superintendent of Police, Tirunelveli District, Tirunelveli. 3.The Deputy Superintendent of Police, Nanguneri Division, Tirunelveli District. 4.The Inspector of Police, Vijayanarayanam Police Station, Tirunelveli District. 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. _____________ Page No. 4 of 5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.15324 of 2025 SUNDER MOHAN , J. JEN Crl.O.P.(MD) No.15324 of 2025 09.10.2025 _____________ Page No. 5 of 5 https://www.mhc.tn.gov.in/judis