Pradeepa v. State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-02-2026
CORAM
THE HON'BLE MR.JUSTICE K.RAJASEKAR
1. Pradeepa
2. Vennila
3. Kavitha ..Petitioner(s) Vs State Rep. By Inspector of Police, N2 Kasimedu Police Station, Chennai.
Cr.No.30 of 2026 ..Respondent(s) PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the Petitioner on Bail in the above Cr.No.30 of 2026 on the file of the Respondent and thus render justice. For Petitioner(s):
M/s.V.Sathish Kumar For Respondent(s):
Mr. A. Gopinath Government Advocate (Crl. Side)
ORDER
The petitioners, who were arrested and remanded to judicial custody on 21.01.2026, for the offences punishable under Sections 80, 81, 87 of Juvenile Justice (Care and Protection of Children) Act 2015 and Section 110 of BNS 2023, 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, the 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 21.01.2026; 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 prosecution case and submitted that there are totally nine accused involved in this case and the petitioners herein are arrayed as A3, A4 and A5; that the victim child has been rescued; that except A9, who acted as a mediator, all other accused in this case were arrested; there is one previous case is pending against 3rd
petitioner/Kavitha/A3 herein and that the investigation of this case is pending. 5.Considering the fact that the 3rd petitioner/Kavitha/A3 is having one previous case, I am not inclined to grant bail to the 3rd petitioner/Kavitha/A3. However, considering the nature of offence and the period of incarceration undergone by the petitioners 1 and 2 herein, this Court is inclined to grant bail to the petitioners 1 and 2 with certain conditions.
6. Accordingly, the 1st and 2nd petitioners are ordered to be released on bail on executing a separate bond for a sum of Rs.20,000/- (Rupees Twenty Thousand Only) each with two sureties, 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; [b] the 1st and 2nd petitioners shall report before the respondent police everyday 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 1st and 2nd petitioners in accordance with law as if the aforementioned conditions have been imposed and the 1st and 2nd 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 absconds, a fresh FIR can be registered under Section 269 of B.N.S.
09-02-2026 GBI To 1.State Rep. By Inspector of Police, N2 Kasimedu Police Station, Chennai.
Cr.No.30 of 2026 2.The XVI Metropolitan Magistrate, George Town, Chennai. 3.The Central Prison, Puzhal, Chennai.
4.The Public Prosecutor, High Court of Madras.
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.
K.RAJASEKAR, J.
GBI 09-02-2026