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2026 DAILYLAW 26776 (MAD)

Soniya v. State rep. by The Inspector of Police

CRL OP/12746/2026 · 2026-05-14

P Dhanabal

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 12746 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14-05-2026 CORAM THE HON'BLE MR.JUSTICE P. DHANABAL CRL OP No. 12746 of 2026 Soniya, W/o. Karthikayen No.2, Susaiyapuram , Tiruppur, Tiruppur District- 641 601. ..Petitioner(s) Vs State rep. by The Inspector of Police Tiruppur Central Police Station Tiruppur District. (Crime. No. 129 of 2026) ..Respondent(s) Prayer: Criminal Original Petition filed under Section 482 of B.N.S.S., 2023/ 438 of Cr.P.C to enlarge the Petitioner on bail in the event of his arrest in Crime No.129 of 2026 pending investigation on the file of the respondent police. For Petitioner(s): Mr. C.S. Saravanan For Respondent(s): Mr.A.Gopinath, Government Advocate (Crl.Side) ORDER The petitioner, who apprehends arrest in the hands of the respondent police for the offences punishable under Sections 318(4) and 351(2) of BNS (420 and 506(ii) of IPC) in connection with the Cr. No.129 of 2026, seeks anticipatory bail. __________ Page1 of 6 https://www.mhc.tn.gov.in/judis CRL OP No. 12746 of 2026 2. The case of the prosecution is that the petitioner, who is working in the Co-operate Society assured the de-facto complainant that she would make arrangement to purchase the mortgaged gold jewels. Believing the words of the petitioner, the defacto complainant paid a sum of Rs.3,70,000/- and thereafter, the petitioner neither returned the amount nor arranged to purchase the mortgaged jewels, thereby cheated the defacto complainant. Hence the case was registered. 3.Learned counsel appearing for the petitioner submitted that the petitioner is a innocent person and has been falsely implicated in this case. He has not committed any offence as alleged in the FIR. He further submitted that the occurrence took place on 25.03.2025, whereas the FIR was registered on 28.04.2026. He further submitted the petitioner is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed anticipatory bail for the petitioner. 4.The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that there are no previous cases pending against the petitioner. He further submitted that a major part of the investigation in this case has almost been completed. However, he vehemently opposed to grant anticipatory bail to the Petitioner. __________ Page2 of 6 https://www.mhc.tn.gov.in/judis CRL OP No. 12746 of 2026 5. Heard both sides and perused the materials available on record. 6.Considering the rival submissions on either side, the nature of offences, the fact that there are no previous cases pending against the petitioner, the fact that the alleged occurrence took place on 25.03.2025 whereas the FIR was registered on 28.04.2026 and that a major part of the investigation in this case has almost been completed, I am inclined to grant anticipatory bail to the petitioner subject to the following conditions. 7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Tiruppur on condition that the petitioner shall 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 Magistrate concerned and on further condition that: [a] the petitioner shall report before the respondent police daily at 10.00 a.m. for a period of 30 days and thereafter as and when required for interrogation. [b] the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer; __________ Page3 of 6 https://www.mhc.tn.gov.in/judis CRL OP No. 12746 of 2026 [c] the petitioner shall not leave India without the previous permission of the Court; [d] the petitioner shall not abscond either during investigation or trial. [e] On breach of any of the aforesaid conditions, the learned 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]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.2023. 14-05-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No smn/uma Note: 1. Registry is directed to forthwith upload this order in the Official Website of this Court. 2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code. __________ Page4 of 6 https://www.mhc.tn.gov.in/judis CRL OP No. 12746 of 2026 To 1. The Judicial Magistrate No.II, Tiruppur 2. The Inspector of Police Tiruppur Central Police Station Tiruppur District. 3. The Public Prosecutor, Madras High Court. __________ Page5 of 6 https://www.mhc.tn.gov.in/judis CRL OP No. 12746 of 2026 P.DHANABAL, J. smn/uma CRL OP No. 12746 of 2026 14-05-2026 __________ Page6 of 6 https://www.mhc.tn.gov.in/judis