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Madras High CourtCRL OP/15769/2026granted

Kalaivani @ Jenifar v. State Rep.By, The Inspector Of Police,

2026-06-23Honourable Mr.Justice C.Kumarappan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Kalaivani @ Jenifar ..Petitioner Vs State Rep.by, The Inspector of Police, Puzhal Police Station, Chennai.

Cr.No.401/2026.

..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner /accused on bail, pending investigation in Cr.No.401/2026 on the file of this respondent police. For Petitioner:

Mr.V.Prabhu For Respondent:

Mr.S.Yogaraja Sekar, Counsel for Government of Tamil Nadu (Criminal Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 19.05.2026 for the alleged offence under Section 319, 115(2), 309(4), 311, 351(3), 3(5) of BNS and 3(2)(a), 4(l), 5(l)(a) ITP Act in Crime No.401 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the de facto complainant was in relationship with the petitioner, and on the day of the incident, he visited her house, where the other accused impersonated police officers, forcibly transferred Rs.2,000/- from his mobile phone, and took his laptop Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in the present case and that she has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the Petitioner.

4. Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that totally there were three accused and the petitioner is arrayed as A1. He further submitted that the petitioner was arrested on 19.05.2026. Hence, he prays for grant of bail to the Petitioner.

5. I have given my anxious consideration to either side submissions and perused the materials available on record.

6. Considering the facts and circumstances of the case; taking note of the submission made by the learned Government Advocate (Crl.Side); considering the totality of the circumstances, and the period of incarceration of the petitioner, this Court is of the firm view that by this time, a major portion of the investigation might have been completed. Hence, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on her executing 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 District Munsif cum Judicial Magistrate Court at Madhavaram, Chennai, and on further conditions that:

[a] 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 the identity proofs to ensure their identity; [b] the petitioner shall report before the respondent police daily at 10.30 a.m., for the period of two weeks and thereafter, as and when required for interrogation; [c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial;

[e] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

23-06-2026 SHL Note:

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

2. 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.

To:

1.The District Munsif cum Judicial Magistrate Court at Madhavaram, Chennai

2. The Inspector of Police, Puzhal Police Station, Chennai.

3. The Superintedent, Central Prison for Women at Puzhal.

4.The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN J.

SHL 23-06-2026