- Court
- High Court of Madras
- Decided
- 7 July 2026
- Bench
- C.Kumarappan
- Case no.
- CRL OP 17336/2026
Judgment
ORDER The petitioner, who was arrested and remanded to judicial custody on
12.06.2026 for the alleged offences under Sections 143 (1) (f) of BNS Act and 81 of Juvenile Justice (Care and Protection of Children) Act, in Crime No.202 of 2026 on the file of the respondent police, seeks bail.
¶2The case of the prosecution is that the defacto-complainant is an officer of the Child Welfare Committee. It is alleged that the first accused sold her new born child to one Aludeen with the help of the petitioner. Hence the case. Page2 of 4
3.The learned counsel for the petitioner submitted that the petitioner is innocent and has been in custody since 12.06.2026. He further submitted that though this case appears to involve child trafficking, the petitioner made a genuine attempt to rescure the child from a beggar family and assist in arranging a better life for the child by handing over the bay to A7 and A8 by way of adoption. Hence, he prays to grant bail to the petitioner.
¶4The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that the mother (A1) of the child is a beggar. He further submitted that the adoptive parents A7 and A8, who received the baby, had no children for more than seven and a half years of their marital life. He further submitted that no previous cases have been registered against the petitioner. However, he opposed for grant of bail to the petitioner.
5.Considering the submissions made by the learned Government Advocate (Criminal side), the fact that the petitioner has been incarcerated since
12.06.2026 and that the petitioner has no criminal antecedents, this court is of the firm view that his further custody is not necessary for the purpose of investigation. Consequently, this Court is inclined to grant bail to the petitioner with certain conditions. Page3 of 4
¶6Accordingly, the petitioner is ordered to be released on bail on his 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, Ambur, 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 daily morning at 10.30 a.m. for a period of two weeks; thereafter as and when required for interrogation; [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 petitioner 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]; Page4 of 4
C.KUMARAPPAN, J. [f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023. 07-07-2026 ep 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
1.The Judicial Magistrate, Ambur.
2.The Superintendent of Prison, Central Prison, Vellore.
3.The Inspector of Police Omerabad Police Station, Tirupattur District.
4.The Public Prosecutor High Court of Madras.
Case details
Parties and counsel
Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Pugal @ Pugalendhi ..Petitioner(s) Vs The State rep by The Inspector of Police Omerabad Police Station, Tirupattur District. Crime No.202 of 2026 ..Respondent(s) Prayer:- Criminal Original Petition is filed under Section 483 of BNSS, 2023, pleased to enlarge the petitioner on bail pending investigation in crime No.202 of 2026 on the file of the respondent police For Petitioner(s): Mr.T.Muruganantham For Respondent(s): Mr.S.Yogaraja Sekar, Government Advocate (Criminal Side )
Source: High Court of Madras, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.