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2026 DAILYLAW 58322 (MAD)

S Gowri v. State rep by the Inspector of Police

CRL OP/19552/2026 · 2026-07-24

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.19552 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 24.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Crl.O.P.No.19552 of 2026 S.Gowri ... Petitioner Vs. The State Represented by, The Inspector of Police, D-1 Thiruthani Police Station, Tiruvallur District. (Crime No.376 of 2026) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of her arrest in connection with Crime No.376 of 2026 on the file of respondent Police. For Petitioner : Ms.P.Dharani For Respondent : Mr.N.Palanivel, Government Advocate (Crl.Side) O R D E R The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 303(2), 326(a) of BNS, 2023, r/w Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.376 of 2026, on the file of the respondent Police, seeks anticipatory bail. 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19552 of 2026 2. The allegation against the petitioner is that she was involved in the illegal transportation of one unit of rough stone without a valid permit or licence, using a Tipper Lorry bearing registration number TN-48-AV-5895. Hence, the case. 3. The learned counsel for the petitioner submitted that the petitioner is innocent and has not committed any offence as alleged by the prosecution and that she has been falsely implicated in this case. She further submitted that he is ready to abide by any conditions that may be imposed by this Court. Hence, she prayed for grant of anticipatory bail to the petitioner. 4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that no previous cases have been registered against the petitioner. However, he opposed to grant anticipatory bail to the petitioner. 5. Taking into consideration the totality of the circumstances, though this Court views the offence of theft of natural resources and its exploitation as a serious offence, taking into consideration the fact that the petitioner has no previous cases, and upon the fond hope that she would mend herself in 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19552 of 2026 future and would not come under the adverse notice of the respondent, this Court is inclined to enlarge her on anticipatory bail, subject to certain conditions. 6. 6. 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 on which the order copy is made ready, before the learned Principal Sessions Judge, 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 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/accused is directed to produce a demand draft for a sum of Rs.60,000/- (Rupees Sixty 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19552 of 2026 Thousand Only) in favour of ‘The Chairman / District Collector, The District Mineral Foundation Trust of Tiruvallur District’, (Non refundable) before the learned Principal Sessions Judge, Tiruvallur; (d) On production of the above Demand Draft, the learned Magistrate is directed to take necessary steps to hand over the same to the District Collector. Upon receipt of the said amount, the District Collector shall realise and utilise the same strictly in accordance with law and in terms of G.O.Ms.No.84, Natural Resources (MMD.1) Department, dated 16.12.2025. (e) The petitioner shall report before the respondent police daily at 10.30 am for a period of two weeks; (f) 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. State of Kerala [(2005) AIR SCW 5560]; (g) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 24.07.2026 cda 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19552 of 2026 To 1.The Principal Sessions Judge, Tiruvallur. 2.The Inspector of Police, D-1 Thiruthani Police Station, Tiruvallur District. 3.The Public Prosecutor, High Court of Madras. 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19552 of 2026 C.KUMARAPPAN, J. cda Crl.O.P.No.19552 of 2026 24.07.2026 6/6 https://www.mhc.tn.gov.in/judis