Disposed¶ORDER para 4

Maheshwari v. State rep by

Anticipatory bail – Crl.O.P.No.16686 of 2025 (Madras HC, M.Nirmal Kumar J., 13.06.2025)

Madras HC13 Jun 2025CRL OP/16686/2025

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What is this about?

anticipatory bail; pre-arrest notice; Crl.O.P.No.16686 of 2025; Madras High Court; M.Nirmal Kumar; Crime No.49 of 2023; Vadalur Police Station; Cuddalore; Section 482 Bharatiya Nagarik Suraksha Sanhita 2023; Section 363 IPC; Section 81 Juvenile Justice (Care and Protection of Children) Act 2015; Section 35 BNS notice; child adoption through middlemen; petitioner not an accused; enquiry in lieu of arrest; petition disposed of.

What did the court decide?

Respondent police directed to issue a BNS notice and thereafter call the petitioner for enquiry, if required; Criminal Original Petition disposed of on that basis. ¶ORDER para 4

Maheshwari Vs State rep by — Anticipatory Bail | Madras HC (2025)

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Crl.O.P.No.16686 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 13.06.2025

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CORAM

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THE HONOURABLE MR JUSTICE M.NIRMAL KUMAR

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Crl.O.P.No.16686 of 2025

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Maheshwari ... Petitioner/Accused

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Vs.

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State rep.by The Inspector of Police Vadalur Police Station Cuddalore District. (Crime No.49 of 2023). ... Respondent/Complainant

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Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to enlarge the petitioner on Bail in the event of her arrest in connection with Crime No.49 of 2023 on the file of the respondent Police.

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.16686 of 2025

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For petitioner : M/s.S.Veera Santhi

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For Respondent : Mr.R.Vinothraja

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Government Advocate (Crl.Side)

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ORDER

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The petitioner, who apprehends arrest at the hands of the

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respondent police for the offences punishable under Section 363 of IPC and

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Section 81 of the Juvenile Justice (Care and Protection of Children) Act,

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2015, in Crime No.49 of 2023, on the file of the respondent police, seeks

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anticipatory bail.

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2 . The contention of the petitioner is that the respondent police

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had sent notice to the petitioner. When the same was questioned as to on

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which provision the notice has been issued, the Police has been showing

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force and not replying properly. Hence, the petitioner apprehending arrest

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has filed the present petition.

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.16686 of 2025

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3. Mr.R.Vinothraja, the learned Government Advocate (Crl.Side)

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appearing for the respondent police submitted that in this case, so far six persons have been arrested and they have been granted bail. The petitioner is

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not an accused as on date. He further submitted that a case has been registered against A1 to A6 under Section 363 of IPC and Section 81 of the Juvenile Justice (Care and Protection of Children) Act 2015. The petitioner and her husband adopted a child from the biological parents with the help of a middle men. Therefore, notice has been issued. He fairly submitted that the police has not issued notice under Section 35 BNS and in future, BNS notice shall be issued to the petitioner and thereafter, she will be called for

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enquiry and arrest of the petitioner may not be required.

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4. In view of the same, the respondent police is directed to issue

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BNS notice and thereafter call the petitioner for enquiry, if required.

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.16686 of 2025