Philomina v. The State, Rep. By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-05-2026

CORAM

THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI Philomina ..Petitioner(s) Vs The State, Rep. by, The Inspector of Police, T-2 Chromepet Police Station, Tambaram city.

..Respondent(s) Prayer:- Criminal Original Petition filed under Section 482 of BNSS Act, to enlarge the petitioner on anticipatory bail in the event of her arrest by the respondent police pending investigation in Crime No.81 of 2026 on the file of the respondent police.

For Petitioner(s):

Mr.V.Karthick For Respondent(s):

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

ORDER

The petitioner, apprehends arrest for the alleged offences under Sections 137(2) of BNS and Section 80 of the Juvenile Justice (Care and Protection of Children) Act, in Crime No.80 of 2026, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that based on the complaint of the de facto complainant alleging illegal handing over of her newborn child to third parties without her knowledge. Hence the case. 3.The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and she has not committed any such offence as alleged by the prosecution. He would also submit that she has been falsely implicated in this case and she is ready and willing to abide by any conditions that may be imposed by this Court and hence, he prays to grant anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.Side) appearing for the respondent reiterated the prosecution case and opposed for the grant of anticipatory bail to the petitioner. He further submitted that the child was secured.

5.Heard both sides and perused the materials available on record. 6.Considering the voluntary submission made by the learned counsel for the petitioner, the petitioner is directed to deposit a sum of Rs.30,000/-(Rupees Thirty Thousand only) (Non refundable) towards the account of CANCER INSTITUTE (WIA), Adayar, Savings Bank Account maintained at Andhra

Bank, Madhya Kailash Branch, Cancer Institute(WIA), Dr.S.Krishnamurthi Campus, Sardar Patel Road, Chennai-36, bearing SB Account No.149710011005477, IFS Code No.ANDB0001497, Branch Name and Code 1497, MICR No.600011049 and to produce the Bank Challan before the Judicial Magistrate, Pallavaram and the receipt shall be produced at the time of executing the bond;

7.Taking note of the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 8.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Pallavaram, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum, to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a

copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner shall report before the respondent Police everyday at 10.30.a.m., for a period of one month and thereafter, as and when required for interrogation; [c] the petitioner shall not abscond during during investigation or trial;

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

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 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)AIR SCW 5560];

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

07-05-2026 Index: Yes/No Speaking/Non-speaking order VKR

To 1.The Judicial Magistrate, Pallavaram.

2.The Inspector of Police, T-2 Chromepet Police Station, Tambaram city.

3.The Public Prosecutor, High Court of Madras.

L.VICTORIA GOWRI, J.

VKR 07-05-2026