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2026 DAILYLAW 44855 (MAD)

M K Lakshmi v. The State Rep By, The Inspector of Police

CRL OP/16866/2026 · 2026-07-02

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 16866 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 16866 of 2026 1. M K Lakshmi Plot No 17, Phase 1, Velammal Residency, Ponneri TK, Thatchoor, Thiruvallur, Panjetti. 2. J Sibi Felix Plot No 17, Phase 1, Velammal Residency, Ponneri TK, Thatchoor, Thiruvallur, Panjetti. ..Petitioners/ Accused 1 and 2 Vs The State Rep By, The Inspector of Police F4 Kavaraipettai Police Station, Thiruvallur. Crime No.Not Known. ..Respondent/ Complainant Prayer: Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to grant anticipatory bail in the event of arrest of Crime No.Not Known of 2026 to the petitioners accused in connection with complaint dated 01.12.2025 pending on the file of the respondent police. For Petitioners: Ms. Ramya N J https://www.mhc.tn.gov.in/judis CRL OP No. 16866 of 2026 __________ Page2 of 6 For Respondent: MS.R.S.INDIRA, GOVT.ADVOCATE (CRL.SIDE) ORDER The petitioners, who apprehend arrest for the alleged offences under section 303, 317 of the Bharatiya Nyaya Sanhita (BNS), 2023 in Crime No. not known of 2026, on the file of the respondent police seek anticipatory bail. 2. The case of the prosecution is that the petitioners allegedly harassed the defacto complainant by stealing certain documents including Aadhaar Card, property documents, driving license and certain business related records. Hence, the case. 3. The learned counsel for the petitioner submits that the petitioners are innocent persons and they have been falsely implicated in this case. He further submits that they are ready to abide by any stringent condition that may be imposed by this Court and they are ready to co-operate for investigation. Hence, he prays to grant anticipatory bail to the petitioners. 4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submits that no previous cases have been registered against the petitioners. The learned Government Advocate further submits that, pursuant to the directions issued by https://www.mhc.tn.gov.in/judis CRL OP No. 16866 of 2026 __________ Page3 of 6 the competent Court, the respondent police registered the present FIR in Crime No.143 of 2026 for the offences under Sections 150(2) and 303(2) of BNS, 2023. She further submits that the defacto complainant is the father of Accused No.2 and the father-in-law of Accused No.1. The allegation against the petitioner is that the Aadhaar card, driving licence and certain original property documents belonging to the defacto complainant are in the petitioner's possession and have not been returned and the same have not yet been recovered. Therefore, she opposes to grant anticipatory bail to the petitioners. 5. This Court has considered the submissions made on either side. 6. The defacto complainant is none other than the father of Accused No.2 and the father-in-law of Accused No.1. The allegations against the petitioner are that the Aadhaar card, driving licence and original property documents of the defacto complainant are being wrongfully retained by the petitioner. It is also seen that the FIR came to be registered pursuant to the directions issued by the learned District Munsif on the representation submitted by the defacto complainant on 01.12.2025. Having regard to the nature of the allegations, the relationship between the parties, and the facts and circumstances of the case, this Court is of the view that custodial interrogation of the petitioners are not required at this stage. Hence, this Court is inclined to enlarge them on anticipatory bail, subject to certain conditions. https://www.mhc.tn.gov.in/judis CRL OP No. 16866 of 2026 __________ Page4 of 6 7.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy is made ready, before the learned District Judicial Magistrate, Gummidipoondi on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions: (a) If the petitioners fail 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, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity; (c) The petitioners shall report before the respondent police daily at 10.30 am for a period of four weeks; and thereafter as and when required. (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 petitioners 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 https://www.mhc.tn.gov.in/judis CRL OP No. 16866 of 2026 __________ Page5 of 6 Kerala [(2005) AIR SCW 5560]; (e) If the petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 02-07-2026 JRS To 1. The District Munsif cum Judicial Magistrate, Gummidipoondi. 2.The Inspector of Police F4 Kavaraipettai Police Station, Thiruvallur. Crime No.Not Known. 3.The Public Prosecutor, Madras High Court. https://www.mhc.tn.gov.in/judis CRL OP No. 16866 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. JRS CRL OP No. 16866 of 2026 02-07-2026 https://www.mhc.tn.gov.in/judis