Jayalakshmi Vs State Rep. by

PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Cr.No.30 of 2026 on the file of the respondent police.

¶11

For Petitioner : Mr.Senthilvel for Mr.V.Sathish Kumar For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

¶12

1/6

¶13

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

¶14

Crl.OP.No3248 of 2026

¶15

O R D E R

¶16

The petitioner, who was arrested and remanded to judicial custody on

¶17

27.01.2026, for the alleged offence punishable under Sections 80, 81, 87 of Juvenile Justice (Care and Protection of Children) Act 2015 and Section 110 of BNS 2023 in Cr.No.30 of 2026, on the file of the respondent police, seeks bail.

¶18

The case of the prosecution is that, the petitioner herein conspired with other accused have adopted a child from other accused by paying money and without following the due process of law for adoption. Hence, the case.

¶19

The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case; that she only adopted the child; that she is in judicial custody since 27.01.2026; and that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner.

¶20

2/6

¶21

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

¶22

Crl.OP.No3248 of 2026

¶23

The learned Government Advocate (Crl.side) appearing for the

¶24

respondent while opposing the bail to the petitioner reiterated the prosecution case and submitted that there are totally nine accused involved in this case and the petitioner herein is arrayed as A6; that the victim child has been rescued; that except A9, who acted as a mediator, all other accused in this case were arrested and that the investigation of this case is pending.

¶25

Considering the facts and circumstances of the case, the nature of

¶26

offence, the period of incarceration undergone by the petitioner, though investigation is pending in this case , I am inclined to grant bail to the petitioner, subject to certain conditions.

¶27

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties , for a like sum to the satisfaction of the learned

¶28

learned XVI Metropolitan Magistrate, George Town, Chennai, and on further conditions that:

¶29

[a] 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

¶30

3/6

¶31

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

¶32

Crl.OP.No3248 of 2026

¶33

Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

¶34

[b] 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;

¶35

[c] the petitioner shall make himself available for interrogation by a Police Officer as and when required;

¶36

[d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses;

¶37

[e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;

¶38

[f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions

¶39

4/6

¶40

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

¶41

Crl.OP.No3248 of 2026

¶42

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 ];

¶43

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

11.02.2026

Vv

Note :

Registry is directed to forthwith upload this order in the Official Website of this Court.

¶48

All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

¶49

To

¶50