Asfiya Tasleem v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04-02-2026
CORAM
THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.2450 of 2026 Asfiya Tasleem ... Petitioner/ Accused Vs The State rep. by, The Inspector of Police, Ambur Town Police Station, Tirupattur City.
(Crime No.264 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in Crime No.264 of 2025 on the file of the respondent police. For Petitioner(s) :
Mr. T. Dhasarathan For Respondent(s) :
Mr. A. Gopinath Government Advocate (Crl. Side) ******* 1/6
ORDER
The petitioner, who was arrested and remanded to judicial custody on 25.11.2025 for the offences punishable under Sections 103(1) of BNS in Crime No.264 of 2025, registered on the file of the respondent police, seeks bail.
2.
The case of the prosecution is that, the petitioner herein and the defacto complainant are wife and husband; that they got married in the year 2020 and have three children; that since the petitioner herein is not interested to have a third child, she killed her new born child by drowning the child in a water tank; that on suspicion in the death of the child, the defacto complainant, who is the husband of the petitioner herein lodged a complaint before the respondent police; that subsequently, a case was registered and the petitioner herein was arrested.
3.
The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and she is in judicial custody since 25.11.2025; and that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner.
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4.
The learned Government Advocate (Crl. Side) appearing for the respondent while opposing the bail to the petitioner reiterated the prosecution case and submitted that the investigation of this case was completed and final report has been filed.
5.
Considering the submissions made, facts and circumstances of the case, the fact that the final report has been filed in this case and taking note of the period of incarceration undergone by the petitioner herein, this Court is inclined to grant bail to the petitioner with certain conditions. 6.
Accordingly, the petitioner is ordered to be released on bail on her executing 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 Judicial Magistrate Ambur, Tirupattur District 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; 3/6
[b] the petitioner shall report before the Trial Court concerned daily at 10:30 a.m., until further orders; [c] 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];
[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
04.02.2026 stn 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.
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To
1. The Judicial Magistrate, Ambur, Tirupattur District.
2. The Inspector of Police, Ambur Town Police Station, Tirupattur City.
(Crime No.264 of 2025)
3. The Superintendent, Central Prison, Vellore.
4. The Public Prosecutor, High Court of Madras.
K. RAJASEKAR, J.
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Crl.O.P. No.2450 of 2026 04.02.2026 6/6