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2026 DAILYLAW 60223 (MAD)

Janaki v. State Rep by The Inspector of Police

CRL OP/21779/2026 · 2026-08-07

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 21779 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-08-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 21779 of 2026 Janaki ..Petitioner(s) Vs State Rep by The Inspector of Police Katpadi Police Station, Vellore District. Crime No.166 of 2026. ..Respondent(s) Prayer:- Criminal Original Petition is filed under Section 482 of BNSS Act, 2023, pleased to enlarge the petitioner on bail in the event of their arrest in connection Crime No.166 of 2026 pending on the file of the respondent. For Petitioner(s): Mr.Rajal M For Respondent(s): M/s.R.S.Indira Government Advocate(Criminal side) ORDER The petitioner, who apprehends arrest for the alleged offences under Sections 303(2) and 326 of the Bharatiya Nyaya Sanhita 2023, in Crime No.166 of 2026, on the file of the respondent police seeks anticipatory bail. 2. The case of the prosecution is that the petitioner along with other accused was involved in illegal transportation of ten units of river sand without a valid permit or licence using a tipper lorry and was caught red handed by the respondent police. Hence, the case. https://www.mhc.tn.gov.in/judis CRL OP No. 21779 of 2026 __________ Page2 of 6 3.The learned counsel for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court and is willing to co-operate for investigation. Hence, he prays to grant anticipatory bail to the petitioner. 4. The learned Government Advocate (Criminal 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. I have given my anxious consideration to the submissions made by the learned counsel on either side and perused the materials available on record. 6.According to the submissions made by the learned Government Advocate (Criminal Side), the petitioner does not have any previous cases. Although, 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 case, and upon the fond hope that she would mend herself in 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. https://www.mhc.tn.gov.in/judis CRL OP No. 21779 of 2026 __________ Page3 of 6 7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy is made ready, before the learned Judicial Magistrate, Katpadi, 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: (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 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.1,50,000/- (Rupees One Lakh Fifty Thousand only) in favour of the ‘The Chairman/District Collector, The District Mineral Foundation Trust of Vellore District’, (Non refundable) before the learned Judicial Magistrate, Katpadi; (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 https://www.mhc.tn.gov.in/judis CRL OP No. 21779 of 2026 __________ Page4 of 6 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 four weeks; thereafter as and when required for interrogation; (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. 07-08-2026 ep https://www.mhc.tn.gov.in/judis CRL OP No. 21779 of 2026 __________ Page5 of 6 To 1.The Judicial Magistrate, Katpadi. 2.The Inspector of Police Katpadi Police Station, Vellore District. 3. The Chairman/District Collector, The District Mineral Foundation Trust, Vellore District. 4. The Public Prosecutor High Court of Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 21779 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. EP CRL OP No. 21779 of 2026 07-08-2026 https://www.mhc.tn.gov.in/judis