Authority: High Court of Judicature at Madras

Order Date: 05-11-2026

Case Overview

  • Petitioner: D. Shanthi, a nurse residing at 6/1, Gem Garden, Vadakku Thotta Paguthi, Idigarai, Annur, Coimbatore-641022.
  • Respondent/Complainant: The State, represented by The Inspector of Police, Variety Hall Police Station, Coimbatore (Crime No.124 of 2024).
  • Petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking bail.
  • Original alleged offence under Section 194 of the BNSS, later altered to Section 105 of the Bharatiya Nyaya Sanhita, 2023.
  • Arrest and judicial custody commenced on 13.10.2026.
  • Incident details: On 05.08.2024 at about 12.00 noon, the complainant’s wife brought their nine‑year‑old son, Thavin Ramesh, to Nataraj Clinic for fever treatment. In the doctor’s absence, petitioner administered an injection and prescribed tablets. Swelling developed at the injection site; despite ointment application, the child’s condition worsened and he was shifted to various hospitals in Thrissur, where he was declared dead at about 11.25 p.m.
  • Prosecution alleges death resulted from medical negligence by the petitioner.
  • Senior Counsel for petitioner (Mr. N.R.Elango) argued innocence, lack of intent, and that the FIR was altered after two years; petitioner ready to comply with any stringent conditions.
  • Government Advocate (Mr. M.M.I. Khaleel) reiterated prosecution stance, emphasizing pending investigation and opposing bail.

Final Outcome

  • The Court, after anxious consideration, granted bail to the petitioner, subject to the following conditions:

1. Execution of a bond of Rs.25,000 (Rupees Twenty‑Five Thousand only) with two sureties each, each surety to provide the same amount.

2. Sureties must affix photographs and left thumb impression on the Application for Suretyship (Judicial Form No.46) and provide identity proof as required by the learned Judicial Magistrate No.V, Coimbatore.

3. Petitioner must report daily before the respondent police at 10.30 a.m. for a period of 15 days and thereafter as and when required for interrogation.

4. Petitioner shall not abscond during investigation or trial.

5. Petitioner shall not tamper with evidence or witnesses during investigation or trial.

6. Breach of any condition empowers the learned Magistrate/Trial Court to pass appropriate orders as per law, referencing Supreme Court judgment in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].

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

  • The order is dated 05‑11‑2026 and is to be uploaded forthwith on the official website of the Court, watermarked and bearing a QR code.
  • Relevant officials listed: Judicial Magistrate No.V, Coimbatore; Inspector of Police, Variety Hall PS, Coimbatore; Superintendent, Central Prison, Coimbatore; Public Prosecutor, High Court, Madras.

Topics: Medical Negligence, Criminal Bail