Murugan v. The State Rep. By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-04-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN

1. MURUGAN S/o. Seetharaman, No.2/89, West Street, Kachimailur, Veppur Taluk, Cuddalore District.

Petitioner(s) Vs

1. The State rep. by, The Inspector of Police, RAMANATHAM Police Station, Cuddalore District. (Crime No.290 of 2024) Respondent(s) PRAYER To enlarge the Petitioner on bail in the event of his arrest in Crime No. 290 of 2025 on the file of the respondent and thus render justice. For Petitioner(S): Mr.W. Camyles Gandhi For Respondent(s):

Public Prosecutor

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 318(4) of BNS, 2023 and Section 15(3) of Indian Medical Council Act in Crime No.290 of 2024, on the file of the respondent police, seeks anticipatory bail. 2.

The case of the prosecution is that on information, the respondent police inspected the clinic run by the petitioner by the name Om Sakthi Medical, and found that the petitioner was practising Sidhha Medicine without proper registration and cheated the public. Hence, the case. 3.

The learned counsel appearing for the petitioner would submit that the petitioner is innocent; that he has been falsely implicated in this case; and that in any case, custodial interrogation of the petitioner is not required for investigation; that the petitioner has no bad antecedents and prayed for anticipatory bail to the petitioner.

4.

The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioner,

reiterated the prosecution case and on instructions submitted that the respondent police seized the medical equipments and the medicines from the place of occurrence and the investigation is completed and final report is likely to be filed soon.

5. The clinic of the petitioner has been closed. The petitioner has no bad antecedents. The medicines and other equipments have been seized from the premises. Considering the aforesaid facts, this Court is of the view that custodial interrogation of the petitioner is not required for the purpose of investigation. 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 on which the order copy made ready, before the learned Judicial Magistrate, Thittakudi on condition that the petitioner shall execute a separate 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, and on proof of payment of deposits, 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 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 absconds, a fresh FIR can be registered under Section 269 of B.N.S. 24-04-2025 Jai Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The State rep. by, The Inspector of Police, RAMANATHAM Police Station, Cuddalore District. (Crime No.290 of 2024).

2. The Judicial Magistrate, Thittakudi

3. The Public Prosecutor, Madras High Court, Chennai.

SUNDER MOHAN J.

jai CRL OP No. 5484 of 24-04-2025