Ramesh v. The State Rep By, Station House Officer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-05-2025
CORAM
THE HONOURABLE MRS JUSTICE L.VICTORIA GOWRI CRL OP NO. 13723 of 2025 RAMESH Son of Seetharaman, Kachimayilur, Veppur Taluk, Cuddalore District - 606 304 Petitioner(s) Vs The state rep by, Station House Officer, Veppur Police Station, Cuddalore District.
(Crime No. 105/2025) Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest in respect of Cr.No. 105/2025 on the file of respondent/police, For Petitioner(s):Mr.M.Velan For Respondent(s): Dr.C.E.Pratap Government Advocate(Crl.side) 1/7
O R D E R
The petitioner, apprehends arrest for the alleged offences under Section 318(2), 318(4) of BNS, 2023 and 23(1) of Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse)Act, 1994 in Crime No. 105 of 2025, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 25.03.2025, the defacto complainant/Chief Medical Officer conducted a decoy operation and subsequently, inspected the car bearing registration No.TN 09 9CF 7616. During the inspection, they found one Hajira Bevi/A2, who was allegedly picked by one Thennarasu/A1 as per instructions of other accused persons/A3 to A5. It is alleged in the FIR that the petitioner diagnosed the sex in the womb and disclosed the same in violation of the law. Hence, the complaint.
3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution. He would also submit that he has been falsely implicated in this case and hence, he prays to grant anticipatory bail to the petitioner.
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4.The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the petitioner/A6 along with other accused persons conducted a prenatal sex determination and disclosed the sex of the fetus in violation of the law. Hence, he opposed for grant of anticipatory bail to the petitioner.
5. Heard both sides and perused the materials available on record. 6.Considering the facts and circumstances of the case, the nature of allegations, the submissions made by the learned counsels on either side, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order, before the learned Judicial Magistrate-I, Virdhachalam on condition that the petitioner shall execute a 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 and on further condition that:
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[a] 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 petitioner shall report before the respondent Police, everyday at 10.30 a.m., for a period of three months and thereafter, as and when required for further interrogation; [c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner shall not tamper with evidence or witness 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 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]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
08.05.2025 nr 4/7
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.
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To
1. The learned Judicial Magistrate-I, Virdhachalam
2. Station House Officer, Veppur Police Station, Cuddalore District.
3. The Public Prosecutor, High Court of Madras.
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L.VICTORIA GOWRI, J.
nr 08.05.2025 7/7