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2026 DAILYLAW 50421 (MAD)

Maheswari v. State Of Tamilnadu Rep By Inspector Of Police, Awps-Karur

CRL OP(MD)/13151/2026 · 2026-07-06

K Rajasekar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP(MD). No. 13151 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.07.2026 PRESENT THE HONOURABLE MR. JUSTICE K.RAJASEKAR CRL OP(MD). No. 13151 of 2026 Maheswari ...Petitioner/Accused Vs State of Tamil Nadu rep. by The Inspector of Police, All Women Police Station Karur. (Crime No. 25 of 2026) ...Respondent For Petitioner : Mr.B.Santhanam Rajesh Kumar Advocate. For Respondent : Mr.N.Balasubramanian Counsel for State of TN (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No. 25 of 2026 on the file of the respondent police. ORDER : The Court made the following order :- 1/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 13151 of 2026 The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 80 and 81 of Juvenile Justice Act r/w Section 137 of BNS, 2023 in Crime No. 25 of 2026 on the file of the respondent police, seeks anticipatory bail. 2. The case of the prosecution is that the petitioner, who has been arrayed as A5, is working in a private hospital as Nurse. She was approached by co-accused wherein the petitioner was demanded a child for the purpose of hand over the child to one Saraswathi. Thereafter, the petitioner and other accused colluded each other and convinced one Rasathi and illegally hand over her male child to Saraswathi for a sum of Rs.5,00,000/-. The petitioner and other accused shared the said amount among themselves. Hence, the case. 3. The learned counsel for the petitioner submitted that one person is arrested in this case and the petitioner is only working as Nurse and she is a lady and she has no previous case. Hence, he prayed to grant Anticipatory Bail to the petitioner. 2/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 13151 of 2026 4. The learned Counsel for State of TN (Crl.Side) reiterated the prosecution case and submitted that the petitioner is working as Nurse and she has also benefitted in the transation and totally a sum of Rs.5,00,000/- has been shared amonth the accused. The petitioner has no previous case and the child was rescued. He further submitted that the investigation is pending and the offences are grave in nature and hence, he opposed to grant anticipatory bail to the petitioner. 5. Heard both sides and perused the materials available on record. 6. Considering the rival submissions made on either side and the nature of offences charged against the petitioner, and considering the facts that the child was rescued and the petitioner has no previous case and she is a lady, I am of the view that custodial interrogation is not necessary in this case and hence, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his/her appearance, within a 3/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 13151 of 2026 period of fifteen days from the date on which the order copy made ready, before the learned Additional Mahila Court (Magistrate Level), Karur, on condition that the petitioner shall 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 Judicial Magistrate concerned and on further conditions that: [b] the petitioner shall report before the respondent police, daily at 10.30 a.m. for a period of six weeks, and thereafter as and when required for the interrogation. [c] the petitioner shall cooperate with the investigation. [d] the petitioner shall not commit any offences of similar nature. [e] the petitioner shall not abscond either during investigation or trial. [f] the petitioner shall not tamper with evidence or witness either during investigation or trial. [g] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take 4/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 13151 of 2026 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 5560]. [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S. 06.07.2026 LS To 1.The Additional Mahila Court (Magistrate Level), Karur. 2.The Inspector of Police, All Women Police Station Karur. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 13151 of 2026 K.RAJASEKAR, J LS ORDER IN CRL OP(MD) No. 13151 of 2026 Date : 06.07.2026 6/6 https://www.mhc.tn.gov.in/judis