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Madras High Court · body

2026 DAILYLAW 39696 (MAD)

Pongodi v. The State rep.by,

CRL OP/5899/2026 · 2026-06-15

M Nirmal Kumar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 5899 of 2026 __________ Page1 of 8 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15-06-2026 CORAM THE HON'BLE MR JUSTICE M. NIRMAL KUMAR CRL OP No. 5899 of 2026 Pongodi ..Petitioner(s) Vs The State rep.by, The Inspector of Police, MGR Nagar Police Station, Chennai City. ..Respondent(s) To direct the respondent police to file the final report in Cr.No.24 of 2026 or pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case. For Petitioner(s): Mr.S.Mohan Raj For Respondent(s): Mr.A.Amarnath, Government Advocate (Crl. Side) ORDER This Court on 03.06.2026 has passed the following orders: “The petitioner had lodged a complaint and a case in Crime No.24 of 2026 on the file of the respondent Police was registered on 31.01.2026 for the offences under Sections 331(4) and 305(a) BNS. The complaint of the petitioner is that the petitioner’s mother Sengeni, who was residing at No.27, Ayyavu 2nd Street, Jafferkanpet, Chennai, passed away on 19.10.2025. There were gold jewels, silver articles and other valuables in the petitioner’s https://www.mhc.tn.gov.in/judis CRL OP No. 5899 of 2026 __________ Page2 of 8 mother’s house. On 31.01.2026, at about 06.00 a.m., one Thilagavathi, who is a tenant in the petitioner’s mother’s house, called the petitioner and informed that there was a commotion in the petitioner’s mother’s house and when she went there, she saw three persons running out of the house and one of them was the petitioner’s son Shyam. Thereafter, the petitioner went to her mother’s house along with her sons Sathishkumar and Santhosh, and she found the door lock broken, and further, found that the bureau lock was also broken and several gold jewels, silver articles and other valuables were missing. Therefore, she lodged a complaint with the respondent Police giving the details of the missing jewels and valuables, based on which, the case in Crime No.24 of 2026 came to be registered. 2.However, it is the grievance of the petitioner that, after registration of FIR, the respondent Police have not taken any action. 3.The learned Government Counsel (Criminal Side) appearing for the respondent Police, on instructions, submits that, in this case, A1 was arrested on 01.02.2026 and A2 and A3 were arrested on 02.03.2026 and they were taken on Police custody on 13.03.2026 and one Thenmozhi was enquired on 16.03.2026. In this case, so far, 11 sovereigns and 5 grams of gold jewels have been recovered from A1; 10 sovereigns of gold jewels from A2; silk sarees and silver articles from A3; and 5 grams of gold jewels from Thenmozhi who is said to have received the same from A2. https://www.mhc.tn.gov.in/judis CRL OP No. 5899 of 2026 __________ Page3 of 8 4.When this Court questioned with regard to the Case Property Number, the learned Government Counsel (Criminal Side) is unable to immediately give the details and seeks time to produce Form-95 and Case Property details. 5.At the request of the learned Government Counsel (Criminal Side), for production of Form-95 and Case Property details, post the matter on 08.06.2026.” 2. This Court on 08.06.2026 has passed the following orders: “In the last hearing, i.e., on 03.06.2026, this court had directed the respondent police to produce Form-95 and case property details. Today, at the time of hearing, the learned Government Advocate (Criminal side) has produced Form No.91 in Nos.1856320, 1856321, 1856322, 1856323 and 1856324, out of which Form Nos.1856323 and 1856324 are B-properties, namely Honda Activa vehicle and a black colour Chaverlet Car and both have been produced before the jurisdictional magistrate and the same were taken as case properties in B.Nos.725 of 2026 and 731 of 2026 on 05.06.2026. 2.As regards the gold jewels which are in Form Nos.1856321, 1856322 and 1856320, it is not clear as to whether those properties were produced and submitted before the court as court properties and no A-property number was given. 3.In view of the same, the respondent, namely, The Inspector of Police, R-10, MGR Nagar Police station, Chennai, is directed to https://www.mhc.tn.gov.in/judis CRL OP No. 5899 of 2026 __________ Page4 of 8 furnish reason as to why the properties which are said to have been seized on 14.03.2026, 16.03.2026 and 31.01.2026 have, so far, not been deposited before the court and further, he shall inform the stage of the investigation and also the status of the case. Post the matter on 15.06.2026 under the caption ‘For orders’.” 3. In continuation and conjunction of the above orders, this Court proceeds to pass the following order. 4. The learned Government Advocate (Crl. Side) appearing for the respondent has filed a status report, dated 15.06.2026. The relevant paragraphs are extracted hereunder: “2. It is submitted that based on the above complaint, a case was registered in MGR Nagar P.S. Cr.No. 24/2026 U/s 331(4),305(a) BNS against the accused on 31.01.2026 at about 08.00 hours by B.Ammu, Inspector of Police, MGR Nagar P.S. Crime and took up the case for investigation. 3. It is submitted that Crime Inspector have visited the scene of occurrence, prepared observation mahazar drew the rough sketch in the presence of witnesses and also examined the witnesses and recorded their statements. 4. It is submitted that during course of investigation on 31.01.2026 at about 11.20 hours, Crime Inspector have arrested the Accused Al and obtained his confession statement and also seized gold thali and ring from under cover of seizer mahazar in https://www.mhc.tn.gov.in/judis CRL OP No. 5899 of 2026 __________ Page5 of 8 the presence of witnesses. Then he was produced before the XXIII Metropolitain Magistrate Court, Saidapet and remanded to Judicial Custody on 31.01.2026. Based on the confession statement of A1, it reveals that he has colluded with other accused persons namely Elumalai A2 and Gowthaman/A3 and committed the above offence. 5. It is submitted that on 02.03.2026 the accused A2 and A3 were formally arrested while they were in Central Prison, Puzhal and were subsequently produced before the XXIII Metropolitain Magistrate Court, Saidapet Under a PT warrant and remanded to Judicial Custody. On 13.03.2026 the accused A2 and A3 were taken up for custodial interrogation during which their confession statements were recorded, and three sets of silver golusu (ankles) were recovered from them under a seizure mahazar in the presence of witnesses. Based on the confession statements of A2 and A3, it was revealed that the defacto complainant had recovered from A2 double-strand Chain weighing 10 sovereigns, layered earrings with mattal weighing 2 sovereigns, a bracelet weighing 3 sovereigns, and threc rings weighing 2 sovereigns and from A3, silk sarees and silver articles. It was further revealed that A2 had given 5 grams of gold earrings to on Thenmozhi. on 16.03.2026, the said 5 grams of gold earrings were recovered from Thenmozhi. 6. It is submitted that on A4 was arrested after investigation during which his confession statement was recorded, and articles were recovered from them under a seizure mahazar in the presence of witnesses. https://www.mhc.tn.gov.in/judis CRL OP No. 5899 of 2026 __________ Page6 of 8 7. It is submitted that All recovered case properties remanded before the XXIII Metropolitan Magistrate Court through Form 91 following S. No. Form 91 No. Date 1 1856320 Gold Thali with articles and one Ring 11 sov. 5 gm. 12.06.2026 A.No.34/ 2026 2 1856321 Silver Ornaments 262 Grams. 12.06.2026 3 1856322 Stone studded earrings with mattal 5.86 Gms. 12.06.2026 4 1856323 TN 09 DM 7317 Honda Activa 04.05.2026 B.No.725/ 2026 5 1856324 TN20CZ6984 Chavelet Car 05.06.2026 B.No.731/ 2026 ” 5. The learned Government Advocate (Crl. Side) further submitted that there are five accused in the case. Accused Nos.1 to 4 have been arrested, while Accused No.5 is absconding. It was further submitted that the final report would be filed within a period of two weeks. 6. Recording the submissions of the learned Government Advocate (Crl. Side), this Court directs the respondent to file the final report within a https://www.mhc.tn.gov.in/judis CRL OP No. 5899 of 2026 __________ Page7 of 8 period of two weeks from the date of receipt of a copy of this order. Accordingly, this Criminal Original Petition is disposed of. 15-06-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No PVS To 1. The Inspector of Police, MGR Nagar Police Station, Chennai City. 2. The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 5899 of 2026 __________ Page8 of 8 M.NIRMAL KUMAR, J. PVS CRL OP No. 5899 of 2026 15-06-2026 https://www.mhc.tn.gov.in/judis