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2026 DAILYLAW 50862 (MAD)

Femina v. State by, The Inspector of Police (Crime)

CRL OP/17611/2026 · 2026-07-08

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 17611 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. 17611 of 2026 Femina D/o.Arulraj, No.42, 9th Cross, JJ Nagar, Moolakulam, Pondicherry-605010. ..Petitioner(s) Vs State by, The Inspector of Police (Crime) Kodungaiyur Police Station, Chennai District. Cr.No.Not Known of 2026 ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioner on Anticipatory bail in the event of her arrest, pending investigation in Cr.No.Not Known/2026, on the file of the Kodungaiyur Police Station. For Petitioner(s): Mr.D.Ashok Kumnar For Respondent(s): MS.R.S.INDIRA, GOVT.ADVOCATE (CRL.SIDE) ORDER The petitioner apprehends arrest for the alleged offence under Sections 303 & 305 of BNS, 2023 in Crime No. Not known of 2026 on the file of the respondent police seeks anticipatory bail. https://www.mhc.tn.gov.in/judis CRL OP No. 17611 of 2026 __________ Page2 of 6 2. The allegation against the petitioner is that the petitioner and the defacto complainant are sisters and it is alleged that the defacto complainant gold chain kept in her residence had gone missing. The defacto complainant suspected the petitioner, hence the complaint. 3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the defacto complainant and he has been falsely implicated in this case. The learned counsel for the petitioner submitted that the petitioner is a practising advocate and the de facto complainant is none other than her mothers own sister. It is further submitted that the de facto complainant has been involved in charitable activities and, due to previous family disputes and enmity, a false complaint has been lodged against the petitioner. He further submitted that he is ready to abide by any conditions that may be imposed by this Court and ready to co-operate with the investigation. Hence, he prayed to grant anticipatory bail to the petitioner. 4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that the alleged stolen property has not yet been recovered. Hence, she opposed to grant anticipatory bail to the petitioner. 5. Considering the submissions made by the learned counsel for the petitioner and the learned Government Advocate (Crl. Side), this Court has https://www.mhc.tn.gov.in/judis CRL OP No. 17611 of 2026 __________ Page3 of 6 perused the materials available on record. Though the learned Government Advocate (Crl. Side) submitted that the property has not yet been recovered, it is seen that the petitioner and the de facto complainant are closely related. Further, as per the submission of the learned counsel for the petitioner, there exists previous enmity between the family members. Considering the totality of the circumstances, the relationship between the parties, and the fact that the petitioner is a practising advocate, this Court is of the view that custodial interrogation of the petitioner is not required. This Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions. 6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned X Metropolitan Magistrate, Egmore, Chennai, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty 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 https://www.mhc.tn.gov.in/judis CRL OP No. 17611 of 2026 __________ Page4 of 6 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, everyday at 10.30 a.m., for a period of one week. (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. 17611 of 2026 __________ Page5 of 6 To 1.The X Metropolitan Magistrate, Egmore, Chennai. 2.The Inspector of Police (Crime) Kodungaiyur Police Station, Chennai District. Cr.No.Not Known of 2026 3.The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 17611 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. JRS CRL OP No. 17611 of 2026 08-07-2026 https://www.mhc.tn.gov.in/judis