Zeenath v. State Represented By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.02.2026

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR Crl.O.P.No.3168 of 2026 Zeenath ... Petitioner Vs.

State Represented by The Inspector of Police, T-14 Mangadu Police Station, Kancheepuram District.

(Crime No.841 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita Act, 2023, to enlarge the Petitioner/Accused on bail in Crime No.841 of 2025 pending on the file of the respondent Police. For Petitioner :

Mr.Sambamurthy For Respondent :

Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

The petitioner, who were arrested and remanded to judicial custody on 19.12.2025, for the offence punishable under Sections 296(b), 351(2) of BNS and under Sections 75 & 87 of JJ Act, in Crime No.841 of 2025, registered on the file of the respondent, seeks bail.

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2. The allegation against the petitioner is that she, being the mother of a 2 1⁄2 year old victim child, allegedly caused fractures in the hands of the child, by joining with the co-accused, as the child caused disturbance regarding the illicit affair between the petitioner and the co-accused, who is absconding. The victim child was taken to the hospital for medical treatment, and a complaint has been lodged.

3. The learned counsel appearing for the petitioner submitted that the petitioner has been in custody since 19.12.2025 and has been falsely implicated in this case. He further submitted that she is ready to co-operate with the investigation. Hence, he prays to grant bail to the petitioner.

4. The learned Government Advocate (Crl.side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner herein is ranked as A1, while A2 is absconding and the investigation is still pending. Hence, he opposed to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the nature of the offence, and also the fact that the petitioner is a lady and has undergone incarceration from 19.12.2025, this Court is inclined to grant bail to the petitioner. 2/6

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 Judicial Magistrate - I, Sri Perambadur and on further conditions that: [a] the sureties shall affix her 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 her identity;

[b] the petitioner shall report before the respondent police daily at 10.30.a.m., for a period of three weeks and thereafter as and when required for interrogation;

[c] the petitioner shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses; [e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;

[f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to 3/6

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];

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 10.02.2026 kmm 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 - I, Sri Perambadur.

2. The Inspector of Police, T-14 Mangadu Police Station, Kancheepuram District.

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

4.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR, J.

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