Vijayakumar v. The State Rep By

C.V.KARTHIKEYAN , J.

The Petitioner/A2 in Crime No.345 of 2023 registered by the Respondent Police for the offences under Sections 419 and 420 IPC read with Section 15 of Indian Medical Council Act, 1956.

2. The learned Government Advocate (Criminal Side) stated that the other Accused including the Accused A1/wife of the present Petitioner had been arrested and had been granted bail. It is stated that the Respondent had received an information that the Accused persons were conducting a scan on pregnant women to determine the gender of the child in the womb. Insofar as this Petitioner is concerned, it is stated that he had produced a scan machine in his car and handed it over to the other Accused for that purpose. Hence, this case.

3. The learned counsel for the Petitioner stated that the Petitioner is an innocent person and he was not committed any offences as alleged in the complaint. Thus, he prays for grant of anticipatory bail to the Petitioner herein.

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4. Taking into consideration that the investigation had been practically completed and the role of the Petitioner had also been determined, this Court is inclined to grant anticipatory bail to the Petitioner with certain conditions. 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 Judicial Magistrate Court No.1, Dharmapuri, 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 petitioner and 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 daily at 10.30 a.m., until further orders. 2/4

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial. [d] the petitioner shall not abscond 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 absconds, a fresh FIR can be registered under Section 229A IPC.

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C.V.KARTHIKEYAN , J.

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