M.G.Velu v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 05.02.2025
CORAM:
THE HON`BLE MR.JUSTICE SUNDER MOHAN CRL O.P. No.1703 of 2025 M.G.Velu ... Petitioner/Accused Vs State Rep. by The Inspector of Police, Kaveripakkam Police Station, Ranipet District.
Crime No.295 of 2024
...Respondent/Complainant
PRAYER:- The Criminal Original Petition is filed under Section 482 of B.N.S.S., 2023, pleased to release the petitioner on bail on event of arrest in Crime No.295 of 2024 on the file of the respondent police. For Petitioner : Mr.Ram Kumar For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate [Criminal Side] 1/7
ORDER
The petitioner/accused, who apprehends arrest in the hands of the respondent police for the offence punishable under Section 318(4) of BNS r/w Section 15(3) of the India Medical Council Act, in Crime No.295 of 2024, seeks anticipatory bail.
2. It is the case of the prosecution that on information, the de-facto complainant conducted an inspection at the clinic of the petitioner and found that the petitioner had illegally stored allopathy medicines. Hence, the case.
3. The learned counsel for the petitioner would submit that the allegations against the petitioner are false; and that, in any case, there is no complaint by any victim of the alleged act of the petitioner and in any case, the custodial interrogation of the petitioner is not required for the purpose of investigation and sought for anticipatory bail.
4. Heard the learned Government Advocate (Crl.Side) for the respondent and perused the materials available on record. 2/7
5. Considering the fact that there is no specific complaint against the petitioner; and that it is for the prosecution to establish the allegations against the petitioner and since the case is borne out by records, the custodial interrogation of the petitioner is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. 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 of receipt of a copy of this order, before the learned District Munsif cum Judicial Magistrate - I, Walajapet, Ranipet District, 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 conditions 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 3/7
pass Book to ensure their identity.
[b] the petitioner shall report before the respondent police everyday at 10.30 a.m., until further orders. [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 abscond, a fresh FIR can be registered under Section 269 B.N.S.
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To 1.The District Munsif cum Judicial Magistrate - I, Walajapet, Ranipet District.
2. The Public Prosecutor, High Court, Madras.
3. The Inspector of Police, Kaveripakkam Police Station, Ranipet District.
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SUNDER MOHAN. J., dk CRL O.P. No.1703 of 2025 05.02.2025 6/7
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