Chitra Devi v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 15.10.2024

CORAM

THE HON'BLE MR.JUSTICE P.DHANABAL CRL OP.No.25295 of 2024 Chitra Devi ... Petitioner / Accused Vs State rep. by The Inspector of Police, Paparapatti Police Station, Dharmapuri.

(Crime No.183 of 2024) ... Respondent PRAYER: - The Criminal Original Petition is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, (BNSS) 2023, praying to enlarge the Petitioner on bail in Crime No.183 of 2024 on the file of the respondent police.

For Petitioner : Mr.S.Prabhakar For Respondent : Mr.S.Vinoth Kumar Government Advocate (Criminal Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 23.08.2024, for the offences punishable under Sections 88, 318(2), 1/6

340(2) of BNS, 2023, r/w Section 5(2) and 4 of Medical Treatment of Pregnancy Act, 1971, in Crime No.183 of 2024, on the file of the respondent, seeks bail.

2.The case of the prosecution is that the defacto complainant is the Medical Officer and based on a secret information and direction of District Collector, on 22.08.2024 at about 9.30 p.m., the defacto complainant and his officials conducted a raid at Kittampatti Village, where the victim was enquired and they found that based on the guidance of Sukumar and Ranjithkumar, the victim approached the accused for ectrosis and the petitioner given tablets to abort the fetus and collected Rs.30,000/-. Further, the fetus of the victim was aborted at Government Hospital, Dharmapuri, and the accused was enquired by the complainant and further, medical equipments and drugs were seized. Hence, the case. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and she has been falsely implicated in this case. He would further submit that the petitioner is no way connected with the alleged offence. He would further submit that the petitioner has been in custody from 23.08.2024. He would further submit that the petitioner is 2/6

ready to abide by any stringent condition that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner. 4.The learned Government Advocate (Crl. Side) would submit that the petitioner is alleged to have illegally practicing abortion of fetus for financial gain. He would further submit that there is one previous case against the petitioner similar in nature. Hence, he vehemently opposed to grant bail to the petitioner.

5.Heard both side learned counsel and perused the materials available on record.

6.Considering the nature of offences charged against the petitioner and the number of days of incarceration undergone by the petitioner and that though the petitioner is having one previous case, she was granted bail in that case and also considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

[a] Accordingly, the Petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten 3/6

Thousand only) with two sureties each for a like sum to the satisfaction of the Judicial Magistrate, Penagaram, and on further conditions that; [b] the Petitioner shall report before the respondent police daily at 10.30 a.m., for a period of 30 days and thereafter, as and when required for interrogation.

[c] the Petitioner shall not commit any offences of similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;

[d] the Petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

[e] the Petitioner shall not abscond either during investigation or trial;

[f] On breach of any of the aforesaid conditions, the learned Judicial 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]; and [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

15.10.2024 ata 4/6

To 1.The Judicial Magistrate, Penagaram.

2.Special Prison for Women, Salem.

3.The Inspector of Police, Paparapatti Police Station, Dharmapuri.

4.The Public Prosecutor, High Court, Madras.

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P.DHANABAL ,J.

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