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Madras High CourtCRL OP/24865/2025granted

Dr.Bahavathi Soundarya v. State Rep By Its, The Inspector Of Police,

2025-09-12Honourable Mrs.Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.09.2025

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.24865 of 2025 Dr.Bahavathi Soundarya ... Petitioner Vs.

The State represented by, The Inspector of Police, V-7, Nolambur Police Station, Chennai (Crime No.179 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in Crime No.179 of 2025 on the file of the Respondent police. For petitioner :

Mr.John Sathyan, Senior Counsel for Mr.Raja Babu For Respondent :

Mr.S.Udaya Kumar Government Advocate (Crl.Side)

O R D E R

The petitioner, who apprehends arrest for the alleged offences punishable under Sections 318(2) of BNS Act, 2023 and 23(1) of PreConception and Pre-Natal Diagnostic Technicques (Prevention of Sex Selection) Act, 1994 (PCPNDT Act), on the file of the respondent police seeks anticipatory bail.

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2. The case of the prosecution is that the petitioner along with other accused is alleged to have indulged in disclosing sex of prenatal for money. Hence the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and she has been falsely implicated in this case. He further submitted that the petitioner 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.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that there are totally two accused in this case and the petitioner/A2 along with A1, had involved in the offence of disclosing the prenatal for money in a scan centre. The petitioner is a Doctor by profession and involved in the said offence and as on date, the said scan centre was closed. He further submitted that the petitioner has no previous case pending against her. However, he vehemently opposed for grant of anticipatory bail to the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials available on record.

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6. Taking into consideration the facts and circumstances of this case and the submissions made by the learned counsel on either side and also taking note of the fact that the said scan centre was closed and the petitioner is ready to abide by any condition imposed of this court, 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 on her executing 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 learned Judicial Magistrate, Ambattur and on further conditions 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 on every Tuesday at 10.30 a.m., for a period of four weeks and thereafter, as and when required for 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; 3/4

T.V.THAMILSELVI,J.

gv [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 229A IPC.

12.09.2025 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.

To:1. The Judicial Magistrate, Ambattur

2. The Inspector of Police, V-7, Nolambur Police Station, Tiruvallur District

3. The Public Prosecutor, High Court of Madras. Crl.O.P.No.24865 of 2025 4/4