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2026 DAILYLAW 56682 (MAD)

Radha v. The State represented by the Inspector of Police

CRL OP/20007/2026 · 2026-07-29

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 20007 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 20007 of 2026 and CRL MP No. 13738 of 2026 1. Radha 2. Karthik ..Petitioners Vs The State represented by The Inspector of Police CCB-II, Chennai District. Crime No.68 of 2026. ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in Crime No.68 of 2026 on the file of the Inspector of police, CCB-II, Chennai. For Petitioners: Mr.E.Venkatesan For Respondent: For Intervenor: Mr.S.Yogaraja Sekar Counsel for Government of Tamil Nadu (Criminal Side) Mr.T.Pon Suyambu Vinayaham ORDER The petitioners, who were arrested and remanded to judicial custody on 14.06.2026 for the alleged offence under Section 336(2), 336(3), 338, 340(2), 318(4), 212, 236 and 3(5) of BNS in Crime No.68 of 2026 on the file of the https://www.mhc.tn.gov.in/judis CRL OP No. 20007 of 2026 __________ Page2 of 6 respondent police, seek bail. 2. The case of the prosecution is that de facto complainant and her husband purchased a property measuring 21.5 cents through a registered sale deed in the year 1989. When the complainant intended to transfer the property in favour of her children, applied for encumbrance certificate. Subsequently came to know that some persons have fraudulently registerer her property in their names at the Madhavaram Sub Registrar Office. Hence, the complaint. 3. The learned counsel for the petitioners submitted that the petitioners have been incarcerated since 14.06.2026. He further submitted that since patta was granted by the Government in favour of 1st petitioner, based on the patta, he has executed the settlement deed in favour of 2nd petitioner. 4. At this juncture, the learned counsel for the Intervenor submitted that the patta stands in the 1st and 2nd petitioner was cancelled. 5. At this juncture, the learned counsel for the petitioners submitted that they were also aware of the cancellation of patta. She further on information submitted that they are also proposing to cancel the settlement deed which stands in the name of 2nd petitioner. https://www.mhc.tn.gov.in/judis CRL OP No. 20007 of 2026 __________ Page3 of 6 6. I have given my anxious consideration to either side submissions and perused the materials available on record. 7. Considering the facts and circumstances of the case; and taking note of the above submission made by the learned counsel for the Intervenor and considering the fact that 1st petitioner being a woman, and have been incarcerated since 14.06.2026, this Court is inclined to grant bail to the petitioners, subject to certain conditions. 8. Accordingly, the petitioners are ordered to be released on bail on their executing a separate 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 JM-I, Poonamallee, and on further conditions that: [a] 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 the identity proofs to ensure their identity; [b] the petitioners shall execute and register cancellation deed to cancel the settlement deed bearing Doc No.2299 of 2025 dated 01.03.2025 registered before the Sub-Registrar, Madhavaram within a period of two weeks from the date of release of the petitioners. [c] the petitioners shall report before the respondent https://www.mhc.tn.gov.in/judis CRL OP No. 20007 of 2026 __________ Page4 of 6 police daily at 10.30 a.m., for the period of two weeks and thereafter, as and when required for interrogation; [d] the petitioners shall not abscond either during investigation or trial; [e] the petitioners shall not tamper with the evidence or witness either during investigation or trial; [f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned 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)13 SCC 283]; [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 29-07-2026 SHL Note: 1. Registry is directed to forthwith upload this order in the Official Website of this Court. 2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code. https://www.mhc.tn.gov.in/judis CRL OP No. 20007 of 2026 __________ Page5 of 6 To: 1. The JM-I, Poonamallee. 2. The Central Prison, Puzhal, Chennai. 3. The Inspector of Police CCB - II, Chennai District 4. The Public Prosecutor High Court of Madras https://www.mhc.tn.gov.in/judis CRL OP No. 20007 of 2026 __________ Page6 of 6 C.KUMARAPPAN J. SHL CRL OP No. 20007 of 2026 and CRL MP No. 13738 of 2026 29-07-2026 https://www.mhc.tn.gov.in/judis