Anjalai v. The State Rep By. Station House Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.10.2025

CORAM

THE HONOURABLE Mr. JUSTICE K. RAJASEKAR Crl.O.P.Nos.23104 & 23106 of 2025 Anjali ... Petitioner in both Crl.OPs Vs.

The State Rep. by Station House Officer, Sankarapuram P.S .... Respondent in both Crl.OPs (Cr.No.376 of 2025) (Cr.No.375 of 2025) COMMON PRAYER : Criminal Original Petitions filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in event of arrest, pending investigation in Crime No.376 of 2025 and Crime No.375 of 2025 on the file of respondent police. For Petitioner in both : Mr.R.Vivekananthan For Respondent in both : Mr.S.Udayakumar Government Advocate (Crl. Side) COMMON ORDER The petitioner in Crl.O.P.No.23104 of 2025 apprehends arrest for the alleged offence under Section 91 of BNS and Section 25 of PCPNDT Act in Crime No.376 of 2025, on the file of the respondent police seeks anticipatory bail.

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2. The petitioner in Crl.O.P.No.23106 of 2025 apprehends arrest for the alleged offence under Section 318(2) of BNS r/w 15(3) of IMC Act @ 318(2), 91 of BNS r/w 15(3) of IMC Act in Crime No.375 of 2025, on the file of the respondent police seeks anticipatory bail.

3. The allegation against the petitioner is that the petitioner (A2) joined hands with her husband (A1) involved in determination of fetus illegally in the medical shop run by them by using affordable machines in the name of "Arun Medicals" and further they also administering injections and exchanges stray messages about fetus and prescribing allopathy medicines in the medical shop. Based on the complaint lodged by the officials of the Medical Board an FIR has been registered against the petitioner.

4. The learned counsel for the petitioner submitted that the petitioner is innocent and she has not committed any such offence as alleged by the defacto complainant and she has been falsely implicated in this case. He further submitted that she is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed to grant anticipatory bail to the petitioner.

5. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and reported that totally two 2/6

accused in this case and that the petitioner is ranked as A2. Already A1/husband of the petitioner was arrested and subsequently released on bail. He further submitted that the petitioner is not having any previous case except these two cases. Hence, he opposed to grant anticipatory bail to the petitioner.

6. Considering the above facts and circumstances of the case, taking note of the submission made by the learned Government Advocate (Criminal Side), the nature of allegation and the fact that already A1 arrested and released on bail, and the petitioner is being a lady, I am inclined to grant anticipatory bail to the petitioner subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Principal District and Sessions Judge, Kallakurichi, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions: (a) If the petitioner fails to surrender before the concerned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand 3/6

automatically cancelled;

(b) 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 identify proofs to ensure their identity;

(c) The petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

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To 1.The Principal District and Sessions Judge, Kallakurichi.

2.The Station House Officer, Sankarapuram P.S 3.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR, J.

ssi Crl.O.P.Nos.23104 & 23106 of 2025 07.10.2025 6/6