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2026 DAILYLAW 18072 (MAD)

Hajitha Banu v. State Of Tamilnadu Rep By Inspector Of Police, Dcb

CRL OP(MD)/6908/2026 · 2026-04-09

P Dhanabal

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP(MD). No. 6908 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 6908 of 2026 Hajitha Banu ...Petitioner/Accused Vs State of Tamil Nadu rep. by The Inspector of Police, DCB Police Station, Pudukottai. (Crime No. 5 of 2026 ) ...Respondent For Petitioner : Mr.K.C.Maniyarasu Advocate. For Respondent : Mr.P.Kottai Chamy Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No. 5 of 2026 on the file of the respondent police. ORDER : The Court made the following order :- 1/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 6908 of 2026 The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 417 and 420 of IPC in Crime No. 5 of 2026 on the file of the respondent police, seeks anticipatory bail. 2. The case of the prosecution is that the petitioner is the daughter of A2. A2 introduced A1, who is running a jewellery shop to the defacto complainant and the defacto complainant invested Rs.50,00,000/- in the jewellery shop of A1. However, A1 neither invested the amount in the business nor returned the same. When the defacto complainant asked with A1, A1 informed that the said amount was already returned to A2 and her daughter/petitioner. Hence, the case. 3. The learned counsel for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he is no way connected in the above said incident. He has not committed any offence as alleged by the prosecution. He would submit that the petitioner and the defacto complainant are relatives and the petitioner’s 2/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 6908 of 2026 name is not mentioned in FIR and based on the confession of co-accused, the petitioner has been arrayed as accused and also A1 and A2 were granted bail. Hence, he prays to grant Anticipatory Bail to the petitioner. 4. The learned Government Advocate (Crl. Side) would submit that based on the complaint given by the defacto complainant, the case has been registered for the offences punishable under Sections 417 and 420 of IPC in Crime No. 5 of 2026. He would further submit that there is a business transaction between the parties and the petitioner has no previous case. He would further submit that the investigation is pending. Hence, he opposes to grant anticipatory bail to the petitioner. 5. Heard both sides and perused the materials available on record. 6. Considering the rival submissions on either side and the nature of offences charged against the petitioner, and relationship between the parties and considering the facts that even according to the prosecution, the occurrence said to have been taken place in the year 2015 and there is a business transaction between the parties and the petitioner is an 3/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 6908 of 2026 unnamed accused and based on the confession of co-accused only, the petitioner has been arrayed as accused and also A1 and A2 were granted bail and also the petitioner has no previous case, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on anticipatory bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate-II, Pudukottai, and on further conditions that: [b] the petitioner shall report before the respondent police, on every Saturday at 10.30 a.m. for a period of four weeks, and thereafter as and when required for the interrogation. [c] the petitioner shall not commit any offences of similar nature. [d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner shall not tamper with evidence or 4/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 6908 of 2026 witness either during investigation or trial. [f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S. (P D B J) 09.04.2026 apd To 1.The Judicial Magistrate-II, Pudukottai. 2.The Inspector of Police, DCB Police Station, Pudukottai. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 6908 of 2026 P. DHANABAL, J apd ORDER IN CRL OP(MD) No. 6908 of 2026 Date : 09.04.2026 6/6 https://www.mhc.tn.gov.in/judis