Thillainathan @ Vishnu v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-05-2026

CORAM

THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI Thillainathan @ Vishnu ..Petitioner(s) Vs The State Rep By, The Inspector of Police Pennagaram Police Station, Dharmapuri.

(Crime No.74/2026) ..Respondent(s) PRAYER: Criminal Original Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in the event of his arrest in Crime No.74 of 2026 pending investigation on the file of the respondent police.

For Petitioner(s):

Mr.K.Rahul For Respondent(s):

Mr.A.Gopinath, Govt. Advocate (Crl.Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent Police for the offences punishable under Sections 319, 318(4) of BNS, Section 15(3) of the Indian Medical Council Act, Sections 6(b) and 23(1) of the PreNatal Diagnostic Techniques (Regulation and Prevention of Misuse) Act and

Section 34(1) of the National Medical Commission Act, 2019 in Crime No.74 of 2026 on the file of the respondent police, seeks anticipatory bail. 2.

The case of the prosecution is that based on specific information regarding illegal gender identification of the foetus, the PCPNDT Sub-District Appropriate Authority conducted a decoy operation on 07.04.2026. During the operation, the petitioner allegedly facilitated the decoy by receiving money through G-pay and transporting her to the place of occurrence for conducting an illegal scanning test. Thereafter, the accused persons were caught red-handed by the inspection team. Hence the case.

3.

Learned counsel appearing for the petitioner submitted that the petitioner is an innocent and he has been falsely implicated in this case. He further submitted that the co-accused/A1 and A2 were granted bail before the trial Court in Crl.M.P.Nos.231 and 237 of 2026 on 28.04.2026 and 30.04.2026 respectively. He also submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for the grant of anticipatory bail to the petitioner. 4.

Learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and opposed for the grant of anticipatory bail to the petitioner.

5.

Heard both sides and perused the materials available on record.

6. Considering the above facts and circumstances of the case and the nature of the allegation, 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 days from the date on which the order copy made ready, before the learned District Munsifcum-Judicial Magistrate, Pennagaram, 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[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 one month and thereafter, as and when required for interrogation;

[c] the petitioner shall not abscond during 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 abscond, a fresh FIR can be registered under Section 269 of B.N.S.

07-05-2026 Index: Yes/No Speaking/Non-speaking order GSA To 1.The District Munsif-cum-Judicial Magistrate, Pennagaram.

2.The Inspector of Police Pennagaram Police Station, Dharmapuri.

3.The Public Prosecutor, High Court of Madras.

L.VICTORIA GOWRI, J.

GSA 07-05-2026