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2026 DAILYLAW 52218 (MAD)

Kanaga @ Parkavi v. The State rep by The Sub Inspector of Police

CRL OP/18164/2026 · 2026-07-16

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 18164 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16.07.2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 18164 of 2026 1.Kanaga @ Parkavi 2.Palani @ Palani Selvam 3.Latha ..Petitioners Vs The State, Rep. By the Sub - Inspector of Police, All Women Police Station - Attur, Salem District. Crime No.34 of 2026. ..Respondent 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 his arrest in respect of Crime No.34 of 2026 on the file of the respondent, pending investigation. For Petitioner : Mr.A.Bhuvaneswaran For Respondent(s): Mr.N.Palanivel Government Advocate (Crl.Side) ORDER The petitioners, who apprehend arrest for the alleged offence punishable under Sections 318(4) of BNS, 2023 in Crime No.34 of 2026, on the file of the respondent police seek anticipatory bail. https://www.mhc.tn.gov.in/judis CRL OP No. 18164 of 2026 __________ Page2 of 5 2. The case of the prosecution is that the defacto complainant’s brother was introduced to the 1st petitioner through marriage brokers and pursuant thereto, an amount of Rs.2,50,500/- was allegedly paid through various transactions in connected with the proposed marriage. The marriage between the 1st petitioner and the defacto complainant’s brother was solemnized on 14.09.2025, and thereafter, the 1st petitioner left the matrimonial home. Subsequently, allegations have been made that the petitioners had concealed certain facts and had dishonestly induced the defacto complainant’s family to part with money. Hence, the case. 3. The learned counsel for the petitioners would submit that though such an occurrence took place in the year 2025, the complaint came to be registered only on 10.05.2026. He would further submit that the petitioners are innocent and have not committed any offence as alleged by the prosecution. He would submit that the petitioners 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 opposed the anticipatory bail application by reiterating the prosecution case and fairly submitted that the petitioners have no criminal antecedents. https://www.mhc.tn.gov.in/judis CRL OP No. 18164 of 2026 __________ Page3 of 5 5. In such view of the circumstances that the petitioners have no criminal antecedents and that the occurrence had taken place on 17.10.2025, at this length of time, the custodial interrogation of the petitioners is not required. Hence, this Court is inclined to enlarge them on anticipatory bail. 6. Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the Judicial Magistrate – II, Attur, on condition that the petitioners shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each with two sureties, each for a like sum, to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that: [a] If the petitioners 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 suretyship (Judicial Form No.46 annexed to ‘The Criminal Rules of Practice, 2019]’. The learned Magistrate shall obtain a copy of any one of identity proofs to ensure their identity; https://www.mhc.tn.gov.in/judis CRL OP No. 18164 of 2026 __________ Page4 of 5 [c] the petitioners shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation; [d] the petitioners shall not tamper with evidence or witness either during investigation or trial; [e] the petitioners shall not abscond either during investigation or trial. [f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the Petitioners in accordance with law as if the conditions have been imposed and the Petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]; [g] If the petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS. 16.07.2026 smv To 1. The Judicial Magistrate Court – II, Attur. 2. The Sub - Inspector of Police, All Women Police Station - Attur, Salem District. 3. The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 18164 of 2026 __________ Page5 of 5 C.KUMARAPPAN, J. smv CRL OP No. 18164 of 2026 16.07.2026 https://www.mhc.tn.gov.in/judis