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Madras High CourtCRL OP/7528/2026disposed of

Mohamed Arif v. State Rep.By, Inspector Of Police,

2026-06-11Honourable Mr Justice M. Nirmal Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-06-2026

CORAM

THE HON'BLE MR JUSTICE M. NIRMAL KUMAR Mohamed Arif S/o.M.K.Ismail, No.104, Masha Allah House, Ponvizha Nagar, South Ukkadam, Coimbatore-641 001.

..Petitioner(s) Vs.

State rep.by, Inspector of Police, D2-Selvarpuram Police Station, Coimbatore-641026.

Cr.No.327 of 2025.

..Respondent(s) PRAYER: Criminal Original Petition filed under Section 528 of BNSS, 2023 to transfer the investigation in Cr.No.327/2025 on the file of the respondent police to some other competent agency and pass such orders as this Honble Court deem fit.

For Petitioner(s):

Mr.R.Vivekananthan For Respondent(s):

Mr.R.Rajasekaran Counsel for Government of Tamilnadu (Criminal Side)

ORDER

This Court, on 25.03.2026, had passed the following order: "This Criminal Original Petition has been filed seeking for a transfer of investigation in Crime No.327 of 2025 from the file of the respondent police to some other competent agency.

2.

The learned counsel for the petitioner submitted that the petitioner had lodged a complaint against certain accused persons, pursuant to which, a case in Crime No.327 of 2025 was registered for the offences punishable under Sections 465, 467, 468, 471 and 120B of IPC. There are three accused persons in the said case. According to the petitioner, the accused persons apprehending arrest, had filed an application for anticipatory bail before this Court in Crl.O.P.No.31502 of 2025 and this Court, by an order dated 19.11.2025, granted anticipatory bail subject to certain conditions. However, the accused persons failed to comply with the conditions imposed by this Court. Consequently, the learned trial Court, by an order dated 03.02.2026, in C.M.P.No.476 of 2026, cancelled the anticipatory bail granted to the accused persons and directed the respondent Police to secure them. Thereafter, two of the accused, namely, Amaradeepa Jeevanadam and Sri Ram Mohan, filed a petition in Crl.M.P.No.1925 of 2026 seeking extension of time to comply with the conditions of anticipatory bail. This

Court, by an order dated 06.02.2026, taking note of the fact that the bail had already been cancelled, dismissed the said petition. Subsequently, on 18.02.2026, the petitioner herein submitted a representation to the Commissioner of Police, Coimbatore. However, till date, no effective action has been taken and the investigation has not made any substantial progress. The petitioner apprehends that continuation of the investigation by the respondent police would not be fair and would defeat the ends of justice. Hence, the present petition has been filed seeking transfer of investigation. 3.

The learned Additional Public Prosecutor appearing for the respondent police seeks time to file a counter affidavit and to apprise this Court of the steps taken to secure the accused and the present stage of investigation.

4.

The Assistant Commissioner of Police, Kuniyamuthur Range, is directed to file a status report detailing the steps taken in the investigation. 5.

List the matter on 22.04.2026."

2. In continuation of and in conjunction with the earlier order passed by this Court on 25.03.2026, it is seen that, despite the direction issued by this Court to the Assistant Commissioner of Police, Kuniyamuthur Range, Coimbatore District, to file a status report detailing the steps taken in connection

with Crime No.327 of 2025, no such report has been filed.

3. The learned Government Advocate (Criminal Side) submits that he has neither received the status report from the concerned officer nor has any police officer from the said Police Station appeared before this Court.

4. In view of the submission made by the learned Government Advocate (Criminal Side), the non-filing of the status report is not proper. Hence, the Commissioner of Police, Coimbatore District, is directed to enquire into the conduct of the Assistant Commissioner of Police, Kuniyamuthur Range, Coimbatore District, and take appropriate action against him for disobeying the order of this Court.

5. As far as this case is concerned, the Commissioner of Police, Coimbatore District is directed to transfer the investigation in Crime No.327 of 2025 on the file of the respondent - Police to some other officer and monitor the investigation and also ensure that the final report in this case shall be filed preferably within a period of six months from the date of receipt of a copy of this order.

6. With the above directions, this Criminal Original Petition stands disposed of.

11-06-2026 Index: Yes/No Speaking/Non-speaking order Jer To

1. The Inspector of Police, D2-Selvarpuram Police Station, Coimbatore-641026.

Cr.No.327 of 2025.

2. The Public Prosecutor High Court of Madras.

3. The Commissioner of Police Coimbatore District.

M.NIRMAL KUMAR, J.

Jer 11-06-2026