Dr Sivakumar Senthil Murugan v. State Rep By, The Insepctor Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.02.2025 CORAM :
THE HONOURABLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.4544 of 2025
1. Dr.Sivakumara Senthil Murugan
2. Jeganathan ... Petitioners
Versus
State rep.by The Inspector of Police, Pennagaram Police Station, Pennagaram, Dharmapuri District.
... Respondent Crime No.42 of 2025.
Prayer: Criminal Original Petition filed under Section 482 of BNSS Act 2023, to enlarge the petitioners herein on bail in the event of their arrest in Cr.No.42 of 2025 on the file of the respondent police. For petitioners : Mr.Dhanasekar For Respondent : Mr.S.Balaji, Government Advocate (Crl.Side)
O R D E R
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 126(1), 351(2) of BNS Act and Section 4 of Women Harassment Act in Crime 1/5
No.42 of 2025, on the file of respondent police, seek anticipatory bail.
2. The case of the prosecution is that the first petitioner, is running a Nursing Home in the name and style of Bharathi Ortho Care Hospital; that the defacto complainant was under deputation in Arvind Fertility Centre to the first petitioner's hospital and that the petitioners caused mental agony to the defacto complainant by making her work against her wish. Hence, the case.
3.The learned counsel appearing for the petitioners submitted that the petitioners are innocents; that they have been falsely implicated in this case and prayed for anticipatory bail for the petitioners. 4.Learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case and on instructions submitted that there is a counter case and submitted that the defacto complainant was working in the first petitioner's hospital on deputation and she has grievance against the petitioners.
5.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) appearing for the respondent police and perused the materials available on record. 6.Taking note of the facts and circumstances of the case, 2/5
nature of allegations, submissions made by the learned counsels on either side, the fact that there is a counter case and since, custodial interrogation is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
7.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Pennagaram, on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:
[a]the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
[b] the petitioners shall report before the respondent police station daily at 10.30 a.m until further orders. 3/5
[c]the petitioners shall not tamper with evidence or witness either during investigation or trial.
[d]the petitioners shall not abscond either during investigation or trial.
[e]On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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].
[f]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
20.02.2025 Vv To
1. The Judicial Magistrate, Pennagaram.
2. The Inspector of Police, Pennagaram Police Station, Pennagaram, Dharmapuri District.
3. The Public Prosecutor, High Court of Madras, 4/5
Chennai.
SUNDER MOHAN, J.
Vv Crl.O.P.No.4544 of 2025 20.02.2025 5/5