Authority: High Court of Judicature at Madras, Bench of Hon'ble Mr. Justice N. Ramesh

Order Date: 28‑09‑2026

Case Overview

  • Petitioner: Rajasekar S/o Dhanasekaran, Managing Director of WCF Hospital, residing at 24/197, Susee Apartment, 1st Floor, North Usman Road, Thiyagaraya Nagar, Chennai‑600017.
  • Respondent: The State represented by Inspector of Police V1, Villivakkam Police Station, Chennai (Crime No. 382/2026).
  • Nature of Proceeding: Criminal Original Petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking bail pending investigation.
  • Allegations: Accused of offences under Sections 80 and 81 of the Juvenile Justice (Care and Protection of Children) Act, 2015, read with Sections 61 and 93 of BNS, 2023. Prosecutors allege that the petitioner, as MD of WCF Hospital, permitted the illegal sale of a child belonging to a mother named Pavithra, manipulated hospital records to list the buyer (Selvarasi) as the mother, and thereby facilitated the child‑sale.
  • Arrest & Custody: Petitioner arrested and remanded to judicial custody on 27‑08‑2026.
  • Prior Bail: Co‑accused released on bail in Crl.OP.No.27262 of 2026 dated 24‑09‑2026.
  • Counsel Submissions: Petitioner's counsel argued no offence committed and willingness to comply with stringent conditions. Government Advocate (Criminal Side) opposed bail, emphasizing conspiracy and the sale occurring while the mother was still hospitalized.

Court’s Consideration

  • The Court examined the seriousness of the allegations, the petitioner’s role, the prosecution’s case, and the period of incarceration already served.
  • Balancing these factors, the Court decided to grant bail, subject to strict conditions.

Final Outcome

  • The petitioner is released on bail upon execution of a bond of Rs 25,000 (Rupees Twenty‑Five Thousand only) with two sureties each for the same amount, to be approved by the learned XIII Metropolitan Magistrate, Egmore, Chennai.
  • Conditions imposed:

a. Sureties must affix photographs and left thumb impressions on Judicial Form No. 46; Magistrate to verify identity proof.

b. Petitioner must report daily before the respondent police at 10:30 a.m. for seven days and thereafter as required for interrogation.

c. Petitioner must not abscond during investigation or trial.

d. Petitioner must not tamper with evidence or witnesses during investigation or trial.

e. Breach of any condition empowers the Magistrate/Trial Court to pass appropriate orders, following the Supreme Court precedent in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].

f. If the accused absconds, a fresh FIR may be registered under Section 269 of B.N.S.

  • The order directs the Registry to upload it immediately on the Court’s official website, with watermark and QR code, and to act on the uploaded version without requiring certified hard copies.

Topics: Legal Bail, Juvenile Justice, Hospital Governance

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