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2026 DAILYLAW 58277 (MAD)

M.Shagena v. The Inspector of Police

CRL OP/18819/2026 · 2026-07-22

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 18819 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 18819 of 2026 M.Shagena ..Petitioner(s) Vs The Inspector of Police CCB Cyber Crime Avadi Police Commission rate Avadi, Chennai. Crime No.Not Known ..Respondent(s) PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant Anticipatory Bail under Section 381 of BNS and 8 of IT Act unknown FIR No of 2026 on the file of the Respondetn in Competent Court within stipulated period and thus render Justice. For Petitioner(s): M/S. A.Punithavanan For Respondent(s): MR.N.PALANIVEL, GOVT.ADVOCATE (CRL.SIDE) ORDER The petitioner, who apprehends arrest for the alleged offence under Section 381 of BNS AND Section 8 of IT Act, 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. 18819 of 2026 __________ Page2 of 6 2.The allegation against the petitioner is that she, along with other accused, cheated the defacto complainant of a sum of Rs.19.34 lakhs under the false pretext of securing employment as a food reviewer. 3.The learned counsel for the petitioner submitted that the petitioner is innocent of the alleged offences and has been falsely implicated in this case. He further submitted that the petitioner is a woman suffering from a severe cardiac ailment and is currently undergoing medical treatment at the Rajiv Gandhi Government General Hospital. It was also contended that there are no adverse criminal antecedents reported against her. The petitioner is fully prepared to co- operate with the investigating agency and abide by any stringent conditions imposed by this Court. Therefore, the learned counsel prayed for the grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Criminal Side) appearing for the respondent police opposed the grant of anticipatory bail, reiterating the seriousness of the cheating allegations involving a total sum of Rs.19.34 lakhs. However, upon instructions, he submitted that out of the total cheated amount, a specific transaction of Rs.1.94 lakhs was found to have been routed through the bank account of the petitioner. 5.Considering the facts and circumstances of the case, and noting that out https://www.mhc.tn.gov.in/judis CRL OP No. 18819 of 2026 __________ Page3 of 6 of the total alleged cheated amount of Rs.19.34 lakhs, a sum of Rs.1.94 lakhs was transacted through the petitioner’s bank account, this Court would like to take a lenient view. Furthermore, taking into account that the petitioner is a woman, a cardiac patient undergoing medical treatment, and has no prior criminal antecedents, this Court is of the firm view that her further custodial interrogation is not required for the progress of the investigation. 6.Under these circumstances, this Court is inclined to enlarge the petitioner on bail, subject to the following conditions: 7. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on her appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate, Avadi, 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (a) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; https://www.mhc.tn.gov.in/judis CRL OP No. 18819 of 2026 __________ Page4 of 6 (b) the petitioner shall report before the respondent police, everyday at 10.30 a.m., for a period of one week and thereafter as and when required for interrogation; (c) the petitioner shall not tamper with evidence or witness either during investigation or trial; (d) the petitioner shall not abscond either during investigation or trial; (e) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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]; and; (f) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 22-07-2026 GBI https://www.mhc.tn.gov.in/judis CRL OP No. 18819 of 2026 __________ Page5 of 6 To 1.The Judicial Magistrate, Avadi. 2.The Inspector of Police CCB Cyber Crime Avadi Police Commission rate Avadi, Chennai. 3.The Public Prosecutor, Madras High Court. https://www.mhc.tn.gov.in/judis CRL OP No. 18819 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. GBI CRL OP No. 18819 of 2026 22-07-2026 https://www.mhc.tn.gov.in/judis