Crl.OP.(MD)No.16047 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18.11.2025 PRESENT The HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD)No.16047 of 2025 Kavinraj, S/o.P.M.Murukesan ... Petitioner/de-facto complainant Vs. 1.Vijay ... 1st Respondent/A3 2.State Represented by, The Inspector of Police, Karur Town Police Station, Karur District. (Crime No.687 of 2025) ... 2nd Respondent/ Complainant For Petitioner : Mr.Maniyarasu.K.C., Advocate For R1 : Mr.K.Balavikram, Advocate For R2 : Mr.A.S.Abul Kalaam Azad, Government Advocate (Crl.side) PETITION FOR CANCELLATION OF ANTICIPATORY BAIL Under Sec. 483(2) of BNSS. 1/5 https://www.mhc.tn.gov.in/judis Crl.OP.(MD)No.16047 of 2025 PRAYER :- To cancel the anticipatory bail granted to the 1st respondent herein/3rd accused in Crl.M.P.No.1398 of 2025 dated 26.08.2025 by the learned District and Sessions Judge, Karur. ORDER: The Court made the following order :- This Criminal Original Petition has been filed to cancel the anticipatory bail granted to the 1st respondent herein/3rd accused in Crl.M.P.No.1398 of 2025 by the learned District and Sessions Judge, Karur on 26.08.2025. 2. The learned counsel appearing for the petitioner/de-facto complainant is aggrieved by the observations made in the anticipatory bail order dated 26.08.2025 in Crl.M.P.No.1398 of 2025 passed by the learned District and Sessions Judge, Karur, wherein it has been stated that the provisions of the Tamil Nadu Medicare Service Persons & Medicare Service Institutions (Prevention of Violence & Damage or Loss to Property) Act, 2008, will not be applicable since the occurrence did not take place in the hospital. 3. The learned Government Advocate (Criminal Side) appearing for the 2nd respondent police submitted that the defacto complainant has not raised any ground to interfere with the bail order. 2/5 https://www.mhc.tn.gov.in/judis Crl.OP.(MD)No.16047 of 2025 4. The learned counsel for the 1st respondent herein/3rd accused submitted that the accused has not violated any conditions imposed by the Trial Court and therefore the cancellation of bail application cannot be entertained. Hence, he prayed for dismissal of this petition. 5. Upon perusal of the order passed by the Trial Court and Act No.48 of 2008, it is evident that the learned trial Judge has referred only to Section 2(1) of Act No.48 of 2008. The Trial Court failed to take note of the subsequent sub- clause, namely Section 2(2)(e) of the said Act, which covers para-medical workers as well. When both definitions, namely “medicare service institution” and “medicare service person”, are read together, they clearly include medical practitioners, registered nurses, medical students, nursing students, and para- medical workers who are working in medicare service institutions. Therefore, the said observation made by the trial Court is erroneous and the same is hereby set aside. At the time of Trial the Court shall consider the case in the light of the above observation. 6. However, this Court is not inclined to cancel the anticipatory bail granted to the 1st respondent herein/3rd accused in Crl.M.P.No.1398 of 2025 and the same is accordingly confirmed. 3/5 https://www.mhc.tn.gov.in/judis Crl.OP.(MD)No.16047 of 2025 7. In view of the above, this Criminal Original Petition is disposed of. 18.11.2025 mkn To 1.The District and Sessions Court, Karur. 2.The Inspector of Police, Karur Town Police Station, Karur District. 3.The Additional Public Prosecutor, Madurai Bench Of Madras High Court, Madurai. 4/5 https://www.mhc.tn.gov.in/judis Crl.OP.(MD)No.16047 of 2025 S.SRIMATHY, J. mkn ORDER IN CRL OP(MD) No.16047 of 2025 Date : 18.11.2025 5/5 https://www.mhc.tn.gov.in/judis