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2026 DAILYLAW 50471 (MAD)

Dhanalakshmi v. The State Rep By, The Inspector of Police

CRL OP/17471/2026 · 2026-07-08

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 17471 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 17471 of 2026 Dhanalakshmi W/o Jaichandar, Old.No.25, New No.18, Valmiki Street, Gandhi Nagar, Saligramam, Chennai ..Petitioner(s) Vs The State Rep By, The Inspector of Police Virugambakkam Police Station, Chennai. Crime No.281 of 2025 ..Respondent(s) PRAYER: Criminal Original Petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, praying to enlarge the petitioner on bail in the event of arrest in Crime No.281 of 2025 on the file of the respondent. For Petitioner(s): Mr. C.Manikandan For Respondent(s): MS.R.S.INDIRA, GOVT.ADVOCATE (CRL.SIDE) ORDER The petitioner, who apprehends arrest for the alleged offence under Sections 126(2), 296(b), 351(3), 118 of BNS, 2023 in Crime No.281 of 2025, on the file of the respondent police seeks anticipatory bail. https://www.mhc.tn.gov.in/judis CRL OP No. 17471 of 2026 __________ Page2 of 6 2. The allegation against the petitioner is that the petitioner and the de facto complainant are neighbours and due to a dispute regarding parking of a vehicle, a wordy quarrel arose in between them, in which the petitioners abused him with filthy language in a public place and the petitioners husband threatened the defacto complainant with dire consequences. Hence, the case. 3. The learned counsel for the petitioner submitted that the petitioner is innocent and that he has been falsely implicated in this case. He further submitted that he is ready to abide by any stringent condition that may be imposed by this Court and he is ready to co-operate for investigation. Hence, he prays to grant anticipatory bail to the petitioner. 4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and opposed the application, submitted that the petitioner and the de facto complainant are neighbours and due to a dispute regarding parking of a vehicle, a quarrel had arisen between them. It is submitted that the occurrence took place on 03.08.2025 and no one has sustained serious injury. 5. I have given my anxious consideration to the submissions made by the learned counsel on either side and perused the materials available on record. https://www.mhc.tn.gov.in/judis CRL OP No. 17471 of 2026 __________ Page3 of 6 6. Considering the submissions made by the learned Government Advocate (Crl. Side), it is seen that the occurrence had taken place due to a dispute between the petitioner and the de facto complainant, who are admittedly neighbours, regarding a parking issue. It is also seen that no one has sustained any grievous or serious injuries in the alleged occurrence. Considering the overall facts and circumstances of the case, the nature of the dispute, the fact that the petitioner is a woman, and the lapse of time from the date of occurrence, this Court is of the view that no custodial interrogation is required. Hence, this Court is inclined to enlarge her on anticipatory bail, subject to certain 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 is made ready, before the learned XXIII Metropolitan Magistrate Court, Saidapet, 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 https://www.mhc.tn.gov.in/judis CRL OP No. 17471 of 2026 __________ Page4 of 6 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 petitioner shall report before the respondent police as and when required for the purpose of investigation (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. 08-07-2026 JRS https://www.mhc.tn.gov.in/judis CRL OP No. 17471 of 2026 __________ Page5 of 6 To 1.The XXIII Metropolitan Magistrate Court, Saidapet. 2.The Inspector of Police Virugambakkam Police Station, Chennai. Crime No.281 of 2025. 3.The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 17471 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. JRS CRL OP No. 17471 of 2026 08-07-2026 https://www.mhc.tn.gov.in/judis