M. Muneeswari v. The State Of Tamilnadu Rep By The Inspector Of Police, Kovilpatti West
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 16/04/2026
CORAM
THE HONOURABLE MR. JUSTICE P. DHANABAL
1. M. Muneeswari
2. Mariappan
3. Abinaya ... Petitioners/Accused No.2, 3 & Vs The State of Tamilnadu Rep by, The Inspector of Police, Kovilpatti West Police Station, Thoothukudi District.
(Crime No.335 of 2026). ... Respondent/Complainant PRAYER :- For Anticipatory Bail in Crime No.335 of 2026 on the file of the respondent Police.
For Petitioner : Mr.S.Suresh Manickam Advocate.
For Respondent : Mr.M.Karunanithi, Government Advocate (Crl.Side) ] ORDER : The Court made the following order :- 1/6
The petitioners, who apprehend arrest at the hands of the respondent for the offences punishable under Sections 80 and 81 of Juvenile Justice Act and 61(2) of BNS (Corresponding Provision of IPC 120(B)), in Crime No.335 of 2026 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the defacto complainant is working at a primary health centre. A1 was pregnant and had been visiting the primary health center for her regular checkup. But she gave birth to the child in another hospital. A2 approached A1 and informed her that a child is in need of adoption. A1 has also agreed to give her child for a sum of Rs.5 lakhs. Hence, this case.
3. The learned counsel for the petitioners would submit that the petitioners are innocent and they were falsely implicated in this case and they are no way connected in the above said incident. He would further submit that no previous cases is pending against the petitioners. Hence, he prays to grant anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl. Side) would submit 2/6
that A5 & A6 are the husband and wife and they have no issues. With the help of A2, A3, A7 & A8, they purchased a 35 days child from A1 for a sum of Rs.5 lakhs and the offence is grave in nature. Hence, he opposes to grant anticipatory bail to the petitioners. However, he fairly conceded that no previous case is pending against the petitioners and the petitioners herein are the relatives of A5 & A6.
5. Heard both sides and perused the materials available on record.
6. Considering the rival submissions on either side and the nature of offences charged against the petitioners, and even as per the prosecution case, these petitioners are the relatives of the persons (A5 & A6), who allegedly adopted the child and no previous case is pending against the petitioners, I am inclined to grant anticipatory bail to the petitioners, subject to the following conditions: [a] Accordingly, the petitioners are ordered to be released on anticipatory bail on condition to 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 3/6
Judicial Magistrate Court, Ottapidaram, Thoothukudi District, and on further conditions that:
[b] the petitioners shall report before the respondent police, every Saturday at 10.30 a.m. for a period of four weeks, and thereafter as and when required for the interrogation.
[c] the petitioners shall not commit any offences of similar nature.
[d] the petitioners shall not abscond either during investigation or trial.
[e] the petitioners shall not tamper with evidence or witness either during investigation or trial. [f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the 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)AIR SCW 5560]. [g] If the accused thereafter absconds, a fresh FIR can 4/6
be registered under Section 269 B.N.S.
(P D B J) 16.04.2026 dss To 1.The Judicial Magistrate Court, Ottapidaram, Thoothukudi District.
2.The Inspector of Police, Kovilpatti West Police Station, Thoothukudi District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
5/6
P. DHANABAL,J dss
ORDER
IN CRL OP(MD) No.7440 of 2026 Date : 16/04/2026 6/6