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2026 DAILYLAW 44490 (MAD)

Bakkiyalakshmi v. State By The Inspector of Police

CRL OP/16812/2026 · 2026-07-02

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.16812 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 02.07.2026 CORAM THE HONOURABLE MR. JUSTICE C.KUMARAPPAN Crl.O.P.No.16812 of 2026 Bakkiyalakshmi ... Petitioner Vs. The State of Tamil Nadu, Rep. by the Inspector of Police, H8-Thiruvottiyur Police Station, Chennai District. (Crime No.242 of 2026) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner on anticipatory bail in the event of her arrest in Crime No.242 of 2026 pending investigation on the file of the respondent police. For Petitioner : Mr.S.Silambu Selvan For Respondent : Mr.N.Palanivel Government Advocate (Crl.Side) O R D E R The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 318(4) of BNS, 2023 in 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.16812 of 2026 Crime No.242 of 2026, on the file of the respondent Police, seeks anticipatory bail. 2. The allegation against the petitioner is that the petitioner had approached the defacto complainant, who is a Fruit Vendor, for purchasing of mangoes and other fruits and had given Rs.500/- toy note (child playing note), instead of original currency note and received balance amount from the defacto complainant. Hence, the case. 3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution and that she has been falsely implicated in this case. He further submitted that the petitioner is ready to co-operate with the investigation. Hence, he prayed for grant of anticipatory bail to the petitioner. 4. The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that there is no previous case pending against the petitioner. However, he opposed for grant of anticipatory bail to the petitioner. 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.16812 of 2026 5. Taking into consideration the totality of the circumstances and the fact that no previous case is pending against the petitioner and that the petitioner being a woman, this Court is of the firm view that, custodial interrogation of the petitioner is not required. Hence, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to certain conditions. 6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate, Thiruvottiyur, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions: (a) If the petitioner fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.16812 of 2026 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity; (c) The petitioner shall report before the respondent police as and when required for interrogation; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560]; (e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 02.07.2026 ssb 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.16812 of 2026 To 1.The Judicial Magistrate Court, Thiruvottiyur. 2.The Inspector of Police, H8-Thiruvottiyur Police Station, Chennai District. 3.The Public Prosecutor, High Court of Madras. 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.16812 of 2026 C.KUMARAPPAN, J. ssb Crl.O.P.No.16812 of 2026 02.07.2026 6/6 https://www.mhc.tn.gov.in/judis