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2026 DAILYLAW 53725 (MAD)

Nandhini v. State by, Inspector of Police

CRL OP/15863/2026 · 2026-07-20

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.15863 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 20.07.2026 CORAM THE HONOURABLE MR. JUSTICE C.KUMARAPPAN Crl.O.P.No.15863 of 2026 Nandhini ... Petitioner Vs. The State of Tamil Nadu, represented by, The Inspector of Police, District Crime Branch [DCB], Krishnagiri District. (Crime No.21 of 2025) ... 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.21 of 2025 pending investigation on the file of the respondent police. For Petitioner : Mr.D.Thirumoorthy For Respondent : Mr.N.Palanivel Government Advocate (Crl.Side) 1/8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.15863 of 2026 O R D E R The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 61(2)(a), 319(2), 318(4), 336(2), 336(3) and 340(2) of BNS [Sections 120B, 419, 420, 465, 468 and 471 IPC], in Crime No.21 of 2025 on the file of the respondent police, seeks anticipatory bail. 2. The allegation against the petitioner is that the defacto complainant is the owner of the subject property and while she was alive, the accused Nos.3 and 4 had executed a power of attorney in favour of the first accused and based on the power of attorney, the other accused persons sold the subject property to the petitioner. Hence, the case. 3. The learned counsel for the petitioner submitted that the petitioner is an innocent purchaser, whereas, A3 and A4 impersonated as the defacto complainant and executed a power of attorney in favour of the first accused and based on such power of attorney, the petitioner purchased the property from them. He further submitted that she is now realizing that the accused Nos.3 and 4 are not real owners and power of attorney executed in favour of the first accused has no sanctity. Hence, the petitioner would cancel the sale 2/8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.15863 of 2026 deed which she obtained under Document No.8146/2024 dated 27.11.2024. The learned counsel appearing for the petitioner produced a copy of the affidavit of the petitioner, wherein, she has categorically stated that she is willing to cancel the sale deed dated 27.11.2024 registered as Document No.8146/2024 with the co-operation of the parties concerned, namely, the defacto complainant. It is relevant to depict a scanned copy of the affidavit filed by the petitioner hereunder:- 3/8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.15863 of 2026 4/8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.15863 of 2026 4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and, opposed the grant of anticipatory bail to the petitioner. 5. In such view of the fair submission made by the learned counsel appearing for the petitioner and taking into consideration the affidavit filed by the petitioner and the fact that the petitioner herself is now ready to cancel the sale deed registered under Document No.8146/2024 on 27.11.2024, 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 No.I, Hosur, 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: 5/8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.15863 of 2026 (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, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity; (c) The petitioner is directed to cancel the sale deed dated 27.11.2024 registered as Document No.8146/2024 on the file of the SRO, Soolagiri, Krishnagiri District, within a period of two weeks from the date of receipt of a copy of this order, failing which, this order would stand automatically canceled without reference to this Court; (d) The petitioner being a woman shall report before the respondent Police as and when required for interrogation; (e) 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. 6/8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.15863 of 2026 State of Kerala [(2005) AIR SCW 5560]; (f) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 20.07.2026 ssb To 1.The Judicial Magistrate No.I, Hosur. 2.The Inspector of Police, District Crime Branch [DCB], Krishnagiri District. 3.The Public Prosecutor, High Court of Madras. 7/8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.15863 of 2026 C.KUMARAPPAN, J. ssb Crl.O.P.No.15863 of 2026 20.07.2026 8/8 https://www.mhc.tn.gov.in/judis