Satheshkumar v. State Rep. By, Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI SATHESHKUMAR Petitioner(s) Vs State Rep. by, Inspector of Police Kandili Police Station, Tirupattur District. (Crime.No.211/2025) 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 Crime.No.211/2025 pending investigation on the file of the respondent.

For Petitioner(s):

Mr.E Kannadasan For Respondent(s):

Mr.S.Udayakumar Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehends arrest for the alleged offences under Sections 6(a), 6(b), 23 of Pre-Conception and Pre-Natal Diagnostic Techniques (Prevention of sex Selection) Act 1994 in Crime No.211 of 2025 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that on 11.08.2025, the defacto complainant is lodged this complaint stating that on inspection, it came to light that the petitioner and other accused had been taking scan to verify whether the fetus was a male or female, which is against the law. Hence the case. 3.The learned counsel for the petitioner states that the co-accused already granted bail and he is falsely implicated in this case. Therefore, the petitioner may be granted anticipatory bail.

4.The learned Government Advocate (Crl.Side) appearing for the respondent opposed for granting anticipatory bail to the petitioner, who arrayed

as an accused by stating that he was indulged in taking scan to verify whether the foetus was a male or female. He would further submit that there are two previous cases against the petitioner.

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

6.Considering the facts and circumstances of the case and the fact that the custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions:

(a) Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his/her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial MagistrateII, Tirupattur 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 said Magistrate, failing which, the petition for

anticipatory bail shall stand dismissed and on further condition that: [b] the petitioner shall report before the respondent everyday at 10:30 a.m., for a period of three months and thereafter as and when required for interrogation;

[c] the petitioner is directed to file an affidavit that he will not indulge in any such activities in future.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[e] the petitioner shall not abscond either during investigation or trial. [f] 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];

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

12-09-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes

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.State Rep. by, Inspector of Police Kandili Police Station, Tirupattur District. (Crime.No.211/2025) 2.The J.M.No.II, Tirupattur.

3.The Public Prosecutor, High Court of Madras.

T.V.THAMILSELVI J.

gbi CRL OP No. 24822 of 12-09-2025