Vasanthavallavan v. The State Represented by the Inspector of Police

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

26.07.2025 for the alleged offences under Section 194(3)(iv) of BNSS and subsequently altered to Section 103(1) of the Bharatiya Nyaya Sanhita, 2023, in Crime No.462 of 2025 on the file of the respondent police, seeks bail.

¶2It is the case of the prosecution that the petitioner/second accused and the first accused were in an illicit relationship. The defacto complainant is the husband of the petitioner. It is alleged that, in order to continue their relationship, the first accused murdered her own daughter, aged 4½ years. Hence, the case.

¶3The learned counsel for the petitioner would submit that the petitioner is innocent and has been falsely implicated in this case. He would further submit that the petitioner has been in custody since 26.07.2025 and is ready to abide by any stringent conditions that may be imposed by this Court. It is the specific submission of the learned counsel that the petitioner had only instructed the first accused to leave the child and had no role in the commission of the alleged offence. He would further submit that the detention order passed against the first accused has already been set aside by this Court vide order dated 16.06.2026 passed in H.C.P.No.2195 of 2025. Hence, he prayed for the grant of bail.

¶4The learned Government Advocate (Crl. Side) appearing for the respondent, while opposing the grant of bail to the petitioner, reiterated the prosecution case and, on instructions, submitted that, in order to continue the illicit relationship between the petitioner and the first accused, the first accused had done away with her own child, aged 4½ years. He further submitted that the investigation has already been completed and that the final report has been filed and taken cognizance by the concerned Court.

¶5Though the allegation is grave in nature, considering the fact that the detention order passed against the first accused has already been set aside by this Court, the period of incarceration undergone by the petitioner since

26.07.2025, the specific allegation that the petitioner had only induced the first accused and was not alleged to have directly participated in the commission of the offence, and also the fact that the investigation has already been completed and the final report has been filed and taken cognizance by the concerned Court, this Court is inclined to enlarge the petitioner on bail, subject to certain conditions.

¶6Accordingly, 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 Sessions Judge, Mahila Court/ Additional Special Court for Exclusive Trial Cases under POCSO Act, Coimbatore 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 twice a day at 10.30 a.m. and 05.30 p.m. until further orders; [c] the petitioner shall not abscond either during investigation or trial; [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.

29.06.2026 skr Note:

¶1Registry is directed to forthwith upload this order in the Official Website of this Court.

¶2All 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. To

¶1The learned Sessions Judge, Mahila Court/ Additional Special Court for Exclusive Trial Cases under POCSO Act, Coimbatore

¶2The Superintendent, Central Prison, Coimbatore

¶3The Inspector of Police, E1 Singanallur Police Station, Coimbatore.

¶4The Public Prosecutor, High Court of Madras C.KUMARAPPAN,J. skr

29.06.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 29.06.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Vasanthvallavan ... Petitioner(s) Vs. The State rep. by The Inspector of Police, E1 Singanallur Police Station, Coimbatore. ... Respondent(s) Crime No.462 of 2025 PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail concerned in Crime No.462 of 2025 pending on the file of the respondent police. For Petitioner(s) : Mr.K.Prabhakaran For Respondent(s) : Mr.S.Yogaraja Sekar, Government Advocate (Crl.Side)