Prakash v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.06.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.9645 of 2020 Prakash ... Petitioner /vs/ State rep. By The Inspector of Police, Madhurantakam Police Station, Kancheepuram District.

(Crime No.1391 of 2020) ... Respondent Prayer : Criminal Original Petition has been filed under Section 438 Cr.P.C. to enlarge the petitioner on bail in the event of his arrest in connection with in Crime No.1391 of 2020 on the file of the respondent police.

For Petitioner : Mr.R.Sasikumar For respondent : Mr.M.Mohamed Riyaz, Addl. Public Prosecutor

ORDER

The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 269, 328, 420 of IPC r//w 15(iii), 15(ii) Indian Medical Act 1957 r/w Section 3 of Epidemic Disease Act 1897, in Crime No. 1391 of 2020, seeks anticipatory bail.

2. The case of the prosecution is that on 22.06.2020 while the District Medical Officer, Chengalpattu had conducted raid, they found medicines with the petitioner without any valid license. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Therefore, he prays to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that the petitioner is giving allopathic treatment without any qualification. Hence he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the above fact and circumstances of the case, 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, Madhurantakam, 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, 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 daily at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation.

[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/s, a fresh FIR can be registered under Section 229A IPC.

-sd/- 29/06/2020 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, MADHURANTAKAM.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, MADHURANTAKAM POLICE STATION, KANCHEEPURAM DISTRICT.

CC to M/S. R.SASIKUMAR Advocate on payment of necessary charges CRL OP.9645/2020 Date :29/06/2020 cs 07/08/2020