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Madras High CourtCRL OP(MD)/18989/2025granted

Santhosh Kumar v. The State Of Tamilnadu Rep.By

2025-11-17Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17.11.2025 PRESENT THE HONOURABLE MRS JUSTICE S.SRIMATHY 1.Santhosh Kumar 2.Sri Priya ... Petitioners/Accused Vs The State of Tamil Nadu, Rep By The Inspector of Police, Singampunari Police Station, Singampunari, Sivagangai District, (Crime No.not known of 2025) ... Respondent/Complainant (CSR No.300 of 2025) For Petitioners : Mr.Niranjan S.Kumar, Advocate.

For Respondent : Mr.A.S.Abul Kalaam Azad, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.not known of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 465, 466 and 468 IPC, in Crime No. not known of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners herein had kidnapped a child and subsequently, adopted the said child without obtaining necessary legal permission from the appropriate authorities. Hence, the complaint.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they are no way connected with the alleged occurrence as stated by the prosecution. He further submitted that the petitioners are ready and willing to abide by any conditions that may be imposed by this Court. Hence, he seek anticipatory bail to the petitioners.

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4. The learned Government Advocate (Crl. side) appearing for the respondent-Police would submit that the petitioners have been complying with the conditions regularly.

5. The interim order already granted by this Court is made absolute.

6. Taking into consideration of the facts and circumstances of the case and also the fact that the petitioners have been complying with the conditions regularly, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate, Singampunari, Sivagangai District, on condition that each of 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 3/6

the satisfaction of the Judicial Magistrate, Singampunari, Sivagangai District, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

(a) the petitioners and 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 petitioners shall report before the respondent police as and when required for interrogation; (c) the petitioners shall not disturb the child in school and in the public places;

(d) the petitioners shall not tamper with evidence or witness either during investigation or trial; (e) the petitioners shall not abscond either during investigation or trial;

(f) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the 4/6

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] and;

(g) if the accused/petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023. (S S Y J) 17.11.2025 KSA To

1. The Judicial Magistrate, Singampunari, Sivagangai District.

2.The Inspector of Police, Singampunari Police Station, Singampunari, Sivagangai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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S.SRIMATHY, J.

KSA

ORDER

IN CRL OP(MD) No.18989 of 2025 Date : 17.11.2025 6/6