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2026 DAILYLAW 53869 (MAD)

Jayanthi v. State rep.by The Inspector of Police,

/19205/2026 · 2026-07-20

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 19205 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 19205 of 2026 Jayanthi W/o.Kanniyappan, No.144, Ambethkar Nagar, Athipattu Puthu Nagar, Tiruvallur District - 600120. ..Petitioner(s) Vs State rep.by The Inspector of Police, CSCID, Tiruvallur, Tiruvallur District. Crime No.209 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 bail in the event of her arrest by the Respondent police concerned in Crime No.209 of 2026 on the file of the Inspector of Police, CSCID Tiruvallur, Tiruvallur District or on their appearance before the court. For Petitioner(s): M/s.A.Murugavel For Respondent(s): MR.N.PALANIVEL, GOVT.ADVOCATE (CRL.SIDE) ORDER The petitioner apprehends arrest for the alleged offences under Section 6(4) of TNSC (RDCS) Order 1982 read with 7(1)a (ii) of EC Act 1955, in Crime No. 209 of 2026, on the file of the respondent police seeks anticipatory bail. https://www.mhc.tn.gov.in/judis CRL OP No. 19205 of 2026 __________ Page2 of 6 2. The prosecution case is that .on 14.05.2026, based on the discreet information, when the respondent police was on surveillance on the petitioner’s house, at that time, the petitioner was found in illegal possession of PDS rice weighing 1050 kgs. Hence, the case. 3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court and they are willing to cooperate with the investigation. Hence, he prayed for grant of anticipatory bail. 4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the case of the prosecution and vehemently opposed the grant of anticipatory bail to the petitioner submitted that 1,050 kilograms of Public Distribution System (PDS) rice were found to have been illegally transported and, therefore, the case was registered. He further submitted that the petitioner has no previous criminal antecedents. 5.This Court has considered the submissions made on either side. 6. Considering the allegation relating to the illegal transportation of 1,050 https://www.mhc.tn.gov.in/judis CRL OP No. 19205 of 2026 __________ Page3 of 6 kilograms of PDS rice, and taking note of the adverse impact such offences have on poor citizens of the country, this Court views offences of this nature seriously. At the same time, it is noted that the petitioner is a woman and has no previous criminal antecedents. Further, the occurrence is stated to have taken place on 14.05.2026, and at this length of time, this Court is of the view that custodial interrogation of the petitioner is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain following 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 (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate -I, Tiruvallur, 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 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 https://www.mhc.tn.gov.in/judis CRL OP No. 19205 of 2026 __________ Page4 of 6 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 daily at 10.30 a.m., until further orders. (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners 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 Kerala [(2005) AIR SCW 5560]; (e) If the petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS Act. 20-07-2026 JRS https://www.mhc.tn.gov.in/judis CRL OP No. 19205 of 2026 __________ Page5 of 6 To 1.The Judicial Magistrate-I, Tiruvallur. 2. The Inspector of Police, CSCID, Tiruvallur, Tiruvallur District. Crime No.209 of 2026 3. The Public Prosecutor, Madras High Court. https://www.mhc.tn.gov.in/judis CRL OP No. 19205 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. JRS CRL OP No. 19205 of 2026 20-07-2026 https://www.mhc.tn.gov.in/judis