K. Mohanaeswari v. State rep. by The Inspector of Police
CRL OP/8937/2026 · 2026-04-22
C Kumarappan
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 9875 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 9875 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Crl.O.P.Nos.8937 & 9084 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.04.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Crl.O.P.Nos.8937 & 9084 of 2026 1.K.Mohaneswari
2. C.Srinivasan Petitioners in Crl.O.P.No.8937 of 2026
1. C.Guna
2. Swetha Petitioners in Crl.O.P.No.9084 of 2026 Vs. State represented by The Inspector of Police, Central Crime Branch, Team-8, Tambaram City Police, Sholinganallur, Chennai – 600 119. Crime No.73 of 2026 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioners on bail in the event of his arrest by the respondent police in the above Cr.No.73 of 2026 on the file of the respondent. For Petitioners : Mr.V.Raghavachari Senior Counsel for Mr.N.Elayaraja For Respondent : Mr.P.Dhileepan Government Advocate (Crl.Side) For Intervenor : Mr.T.Shanmugam 1/6 https://www.mhc.tn.gov.in/judis
Crl.O.P.Nos.8937 & 9084 of 2026 ORDER The petitioners apprehend arrest for the alleged offence under Sections 420, 465, 468, 471 and 120(B) of IPC, in Crime No.73 of 2026 on the file of the respondent police seeks anticipatory bail. 2. The learned Senior Counsel appearing on behalf of the petitioners would submit that there are about four accused. During the pendency of the application, 2nd petitioner in Crl.O.P.No.8937 of 2026 namely C.Srinivasan was remanded to judicial custody. As against the other petitioners, it is the contention of the Senior Counsel that, 1st petitioner in Crl.O.P.No.8937 of 2026 has purchased the property in the year 1993 and after more than 20 years, the vendor of the 1st petitioner has given complaint as if the 1st petitioner has fabricated the documents. 3. At this juncture, the learned Senior Counsel would submit that as agreed by her husband before the learned Principle Sessions Judge, she would cancel the settlement deed that was executed in respect of the 2nd petitioner in Crl.O.P.No.8937 of 2026. He further submitted that the petitioners in Crl.O.P.No.9084 of 2026 are none other than witnesses of the settlement deed 2/6 https://www.mhc.tn.gov.in/judis
Crl.O.P.Nos.8937 & 9084 of 2026 in favour of the 1st accused during 2023. Hence, he prays for grant of anticipatory bail to the petitioners. 4. The learned Government Advocate (Crl. Side) would submit that the petitioner had purchased only plot No.9, whereas, she has settle both Plot Nos. 9 & 10
5.
Taking into consideration of the fact that the 2nd petitioner in Crl.O.P.No.8937 of 2026 was already arrested, this Criminal Original petition is dismissed in respect of the 2nd petitioner in Crl.O.P.No.8937 of 2026. In respect of the other petitioners, though the learned Government Advocate would object the petition on the above ground, while looking into the factual position, the alleged sale took place in the year 1993 and as per submission of the learned Senior Counsel, as she is willing to cancel the settlement deed, this Court is of the firm view that, custodial interrogation of the petitioner is not required. Hence, this Court is inclined to grant anticipatory bail to the 1st petitioner in Crl.O.P.No.8937 of 2026 and the petitioners in Crl.O.P.No.9084 of 2026. 3/6 https://www.mhc.tn.gov.in/judis
Crl.O.P.Nos.8937 & 9084 of 2026 6.Accordingly, the 1st petitioner in Crl.O.P.No.8937 of 2026 and the petitioners in Crl.O.P.No.9084 of 2026 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 No.I, Tambaram, on condition that the petitioners 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 petitioners 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 petitioners shall report before the respondent police daily at 10.30 a.m., for a period of thirty days and thereafter as and when required; (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 4/6 https://www.mhc.tn.gov.in/judis
Crl.O.P.Nos.8937 & 9084 of 2026 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 petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 22.04.2026 sma To
1. Judicial Magistrate No.I, Tambaram 2.The Inspector of Police, Central Crime Branch, Team-8, Tambaram City Police, Sholinganallur, Chennai – 600 119. 3.The Public Prosecutor, High Court of Madras. 5/6 https://www.mhc.tn.gov.in/judis
Crl.O.P.Nos.8937 & 9084 of 2026 C.KUMARAPPAN.J. sma Crl.O.P.No.8937 & 9084 of 2026 22.04.2026 6/6 https://www.mhc.tn.gov.in/judis