Madhammal v. State Rep. By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-02-2026

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.2507 of 2026

1. Madhammal

2. Raman ... Petitioners/ A7 and A8 Vs The State rep. by, The Inspector of Police, N-2 Kasimedu Police Station, Chennai.

(Crime No.30 of 2026) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioners/accused in Crime No.30 of 2026 on the file of the respondent police. For Petitioner(s) :

Mr. A. Ramesh For Respondent(s) :

Mr. A. Gopinath Government Advocate (Crl. Side) ******* 1/6

ORDER

The petitioners, who were arrested and remanded to judicial custody on 27.01.2026 for the offences punishable under Sections 80, 81 and 87 of Juvenile Justice (Care and Protection of Children) Act, 2015 and Section 110 of BNS in Crime No.30 of 2026, registered on the file of the respondent police, seek bail.

2.

The case of the prosecution is that, the petitioners herein conspired with other accused have adopted a child from other accused by paying money and without following the due process of law for adoption. Hence, this case.

3.

The learned counsel appearing for the petitioners submitted that the petitioners have been falsely implicated in this case; that they only adopted the child; that they are in judicial custody since 27.01.2026; and that the petitioners are ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioners. 4.

The learned Government Advocate (Crl. Side) appearing for the respondent while opposing the bail to the petitioners reiterated the 2/6

prosecution case and submitted that there are totally nine accused involved in this case and the petitioners herein are arrayed as A7 & A8; that the victim child has been rescued; that except A9, who acted as a mediator, all other accused in this case were arrested; and that the investigation of this case is pending.

5.

Considering the submissions made, facts and circumstances of the case, the nature of offence and the period of incarceration undergone by the petitioners herein, this Court is inclined to grant bail to the petitioners with certain conditions.

6.

Accordingly, the petitioners are ordered to be released on bail on their 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 XVI Metropolitan Magistrate, George Town, 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; 3/6

[b] the petitioners shall report before the respondent police daily at 10:30 a.m., for a period of two weeks and thereafter, as and when required for interrogation;

[c] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions have been imposed and the petitioners 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 abscond, 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 4/6

will also have a QR code.

To

1. The XVI Metropolitan Magistrate, George Town, Chennai.

2. The Inspector of Police, Uthukuli Police Station, Tikruppur District.

(Crime No.649 of 2025)

3. The Superintendent, Central Prison-II, Puzhal, Chennai.

4. The Superintendent, Special Prison for Women, Puzhal, Chennai.

5. The Public Prosecutor, High Court of Madras.

K. RAJASEKAR, J.

stn 5/6

Crl.O.P. No.2507 of 2026 04.02.2026 6/6