Crl.O.P.No.18661 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 16.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Crl.O.P.No.18661 of 2026 1. Indhirakumar 2. Muthulakshmi ... Petitioner(s) Vs. The State rep. by the Inspector of Police, Kondalampatty Police Station, Salem District. ... Respondent(s) Crime No.284 of 2026 PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail concerned in Crime No.284 of 2026 pending on the file of the respondent police. For Petitioner(s) : Mr.C.Deepak Kumar For Respondent(s) : Mr.S.Yogaraja Sekar, Government Advocate (Crl.Side) ORDER The petitioners, who were arrested and remanded to judicial custody on 26.06.2026 for the alleged offences under Sections 80 and 81 of the Juvenile Justice (Care and Protection of Children) Act, r/w Section 143 of the Bharatiya Nyaya Sanhita, 2023, in Crime No.284 of 2026 on the file of the respondent police, seek bail. 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18661 of 2026 2. It is the case of the prosecution that the petitioners, who are husband and wife, had no children for the past 20 years. In furtherance thereof, they adopted a baby from the fourth and fifth accused through illegal means. Hence, the case. 3. The learned counsel for the petitioners would submit that the petitioners are innocent and have been falsely implicated in this case. He would further submit that the petitioners have been in custody since 26.06.2026 and are ready to abide by any stringent conditions that may be imposed by this Court. It is the specific submission of the learned counsel for the petitioners that, except for not following the statutory procedure for adopting a child, the petitioners have not committed any other offence. Hence, he prayed for the grant of bail. 4. The learned Government Advocate (Crl. Side) appearing for the respondent, while opposing the grant of bail to the petitioners, reiterated the prosecution case and, on instructions, submitted that a major portion of the investigation has already been completed and that the petitioners have no criminal antecedents. He also submitted that the child has now been secured and is under the safe custody of the Government Home. He also fairly confirmed that the petitioners have been childless for the past 20 years. 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18661 of 2026 5. Considering the totality of the circumstances, the period of incarceration undergone by the petitioners, the fact that the petitioners have no bad antecedents, the fact that the child has already been secured and is under the safe custody of the Government Home, the fact that the petitioners are stated to have no children for the past 20 years, and also the fact that a major portion of the investigation has already been completed, this Court is inclined to enlarge the petitioners on bail, subject to certain conditions. 6. Accordingly, the petitioner is ordered to be released on bail on their executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate-V, Salem and subject to the following conditions: [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 Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b] the petitioner shall report before the respondent police everyday at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation; [c] the petitioner shall not abscond either during investigation or trial; 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18661 of 2026 [d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [e] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283]; [f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023. 16.07.2026 skr Note: 1. Registry is directed to forthwith upload this order in the Official Website of this Court. 2. 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. 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18661 of 2026 To 1. The learned Judicial Magistrate-V, Salem 2. The Superintendent, Central Prison, Salem 3. The Inspector of Police, Kondalampatty Police Station, Salem District. 4. The Public Prosecutor, High Court of Madras 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18661 of 2026 C.KUMARAPPAN,J. skr Crl.O.P.No.18661 of 2026 16.07.2026 6/6 https://www.mhc.tn.gov.in/judis