Prema @ Premalatha v. The State Represented By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.10.2025

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR Prema @ Premalatha ... Petitioner Vs.

The State Rep. By, The Inspector of Police, Puzhal Police Station, Thiruvallur District.

Crime No.606 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of her arrest in Crime No.606 of 2025 on the file of the respondent police.

For Petitioner :

Mr.R.Parthiban For Respondent :

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

O R D E R

The petitioner herein apprehends arrest at the hands of the respondent police for the offences punishable under Section 81 of Juvenile Justice (Care and Protection of Children) Act, 2015, in Crime No.606 of 2025, on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused indulged in a child trafficking. It is alleged that the petitioner approached the de facto complainant for selling of a child for a sum of Rs.12,00,000/-. Subsequently, while handed over the child, they have been caught red handed by the police. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that there are totally 5 accused in this case and the petitioner is ranked as A5. The petitioner is innocent and has been falsely implicated in this case . He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioner.

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4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the de facto complainant was known to the accused and he was contacted by the accused for selling of a child, but the complainant informed the same to the police. Subsequently, the accused persons caught red handed and the child was also secured and handed over to the biological parents. He further submitted that no previous case is pending against the petitioner. Hence, he opposed for grant of anticipatory bail.

5. Heard the learned counsels on either side and perused the materials available on record.

6. Considering the submissions made by the learned counsels on either side, and taking into fact that the child was secured and handed over to the biological parents and that no previous case is pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions:

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7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of ten days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court, Madhavaram, on condition that the petitioner shall execute 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 Magistrate concerned, and on further condition that:

[a] if the petitioner fails to surrender before the concerned Magistrate within a period of ten days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

[b] 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;

[c] 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;

[d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled 4/6

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];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 10.10.2025 cda To 1.The Judicial Magistrate, Madhavaram.

2.The Inspector of Police, Puzhal Police Station, Thiruvallur District.

3.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR, J.

cda 10.10.2025 6/6