Kalaivani R Vs The State Rep By, The Inspector of Police

Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to grant anticipatory bail and enlarge the petitioner on bail in the event of his arrest by the respondent police concerned in Crime No.30 of 2026 on the file of the respondent.

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For Petitioner: Mr.R.Murali For Respondent: Ms.R.S.Indira Government Advocate (Criminal Side)

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ORDER

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The petitioner apprehends arrest for the alleged offence under Sections 406, 409 & 420 of the Indian Penal Code, 1860, in Crime No.30 of 2026 on the file of the respondent police seeks anticipatory bail.

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 13792 of 2026

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The case of the prosecution is that the defacto complainant and the husband of the petitioner (A1) has entered into a sale agreement in respect of sale of land and in furtherance thereof, the 1^st accused received a sum of

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Rs.55,00,000/- from the defacto complainant. However, the 1^st accused neither executed a Sale Deed nor returned the said sum of Rs.55,00,000/- to the defacto complainant. Hence, the case.

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The learned counsel for the petitioner submitted that petitioner is an innocent person and she has been implicated in this case only because of the relationship between the petitioner and the 1^st accused. He further submitted that the petitioner’s husband was already enlarged on bail in Criminal O.P.No.13670 of 2026 on 29.05.2026. He also submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court and is willing to cooperate with the investigation. Hence, he prays to grant anticipatory bail to the petitioner.

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The learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and submitted that the 1^st accused transferred a sum of Rs.55,00,000/- to the account of the petitioner and therefore, involvement of the petitioner in this transaction is clearly established. Hence, she opposed to grant anticipatory bail to the petitioner.

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 13792 of 2026

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I have given my anxious consideration to the submissions made by the learned counsel on either side and perused the materials available on record.

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Considering the facts and circumstances of the case and from the submission of the learned Government Advocate (Criminal Side), it is amply clear that the petitioner was implicated in this case only because of the transfer of money in her account. Taking note of the fact that the 1^st accused was already enlarged on bail and the petitioner being woman, this Court is of the view that at this length of time, custodial interrogation of the petitioner is not required. Hence, this Court is inclined to enlarge the petitioner on anticipatory bail subject to certain conditions.

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Accordingly, the petitioner 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.1, Poonamallee, 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:

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(a) If the petitioner fails to surrender before the concerned

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learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 13792 of 2026

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automatically cancelled;

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(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;

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(c) The petitioner shall report before the respondent Police, daily at 10.30 a.m. until further orders;

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(d) 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];

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(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

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03-06-2026

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

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VEDA

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 13792 of 2026

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Note:

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Registry is directed to forthwith upload this order in the Official Website of this Court.

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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.

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To

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