CRL OP(MD). No.13796 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/07/2026 PRESENT The HONOURABLE MR. JUSTICE K. RAJASEKAR CRL OP(MD). No.13796 of 2026 Kalaiselvi, W/o. Pandidhurai, V.Ramasamypuram, Annaikaraiapatty, Peraiyur Taluk, Madurai District.. ... Petitioner/Accused No.2 Vs State of Tamilnadu Rep by, The Inspector of Police, Saptur Police Station, Madurai District. In Crime No. 72 of 2026.. ... Respondent/Complainant For Petitioner :Mr.P.Dhinesh Kumar, Advocate. For Respondent : Mr.N.Balasubramanian, Counsel for State of TN (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS 1/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.13796 of 2026 PRAYER :- C-6B. For Bail in Crime No. 72 of 2026 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner / Accused No.2, who was arrested and remanded to judicial custody on 05.06.2026, for the offences punishable under Section 103(1), 238 and 49 of BNS, 2023, in Crime No.72 of 2026 on the file of the respondent police, seeks bail. 2.The allegation against the petitioner is that she is the mother of the 11 months deceased child. It is alleged that Accused No. 1, who is the husband of the petitioner, suspected the paternity of the child and drowned the child in a water drum, thereby causing the death of the child. Accordingly, the case was registered, and the petitioner and the other accused were arrested. 3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and she was falsely implicated in this case and she has not committed any offence as alleged by the prosecution. He 2/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.13796 of 2026 would further submit that it is alleged that the petitioner also abetted the commission of the offence against the child. However, the prosecution has failed to establish any act of abetment on the part of the petitioner. The petitioner is in custody from 05.06.2026 and she is ready to cooperate with the investigation. Hence, he prayed bail for the petitioner. 4. The learned Counsel appearing for the State reiterated the prosecution case and reported that the petitioner has no previous case. He further submitted that the petitioner instigated A1 to commit the murder of the deceased child. The investigation is still pending. He opposed the grant of bail to the petitioner. 5. This Court heard both sides and perused the materials available on record. 6. Considering the facts and circumstances of the case, considering the nature of the offence, the overt act attributed to the petitioner and the petitioner being the mother of the deceased child and on perusal of the remand report, it revealed that she only scolded A1 and about the child, 3/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.13796 of 2026 she also told him that he could do anything with the child, however, whether it means killing the child or not is to be investigated and also considering the period of incarceration, I am inclined to grant bail to the petitioner subject to certain conditions. [a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs. 20,000/- (Rupees Twenty Thousand only) with two sureties each for a like sum to the satisfaction of the learned District Munsif Cum Judicial magistrate Court, Peraiyur, and on further conditions that: [b] the petitioner shall report before the respondent Police daily at 10.30 a.m., until further orders; [c] the petitioner shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/she is suspected; [d] the petitioner shall not abscond either during investigation or trial; [e] the petitioner shall not directly or indirectly make 4/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.13796 of 2026 any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence; [f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 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)AIR SCW 51730]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS. (K R S J) 09.07.2026 VSG 5/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.13796 of 2026 TO 1.The learned District Munsif Cum Judicial magistrate Court, Peraiyur. 2. The Superintendent, Central Prison for Women, Madurai. 3.The Inspector of Police, Saptur Police Station, Madurai District. 4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 6/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.13796 of 2026 K. RAJASEKAR,J., vsg ORDER IN CRL OP(MD) No.13796 of 2026 Date : 09/07/2026 7/7 https://www.mhc.tn.gov.in/judis