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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.04.2026

CORAM

THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Parthiban, S/o.Kamalanathan ... Petitioner Vs.

State rep. By The Inspector of Police, Thirupathur Town Police Station, Thirupathur District.

(Crime No.5 of 2026) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioner/accused on bail in the event of his arrest in crime No.5 of 2026 pending investigation on the file of the respondent police.

For Petitioner : Mr.E.Kannadasan For Respondent : Mr.P.Dhileepan Government Advocate (Crl.Side)

ORDER

The petitioner herein apprehends arrest at the hands of the respondent police for the offences punishable under Sections 318(4), 319(2) of BNSS, 2023 read with Section 15(3) of Indian Medical Council Act, 1956, in Crime No.5 of 2026, on the file of the respondent Police, seeks anticipatory bail. 1/4

2. The case of the prosecution is that on 03.01.2026, based on an information received from a decoy, the Joint Director (Medical) and Rural Health Service Department conducted a raid in petitioner's house located at Sivarajpettai and found that the petitioner herein without any qualification or appropriate knowledge in Allopathy medicine had been practising the same; and that during the raid, the petitioner fled away from the spot. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner has completed Diploma in General Nursing & Midwifery from the Karnataka State Nursing Council and apart from that, he also served as Dialysis Technician in the Government District Head Quarters Hospital, Tirupattur He further submitted that he is ready to abide by any conditions that may be imposed by this Court and ready to cooperate with the investigation. Hence, he prayed to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner without appropriate knowledge in Allopathy medicine had been 2/4

practising the same. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Considering the totality of the circumstances and on the fact that the FIR was registered on 03.01.2026, hence, this Court is of the view that, at this length of time, the custodial interrogation of the petitioner is not required. Accordingly, this Court is inclined to grant anticipatory bail to the petitioner, subject to 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 (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate No.I, Tiruppatur, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:

(a) If the petitioner fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stands automatically cancelled;

(b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial 3/4

C.KUMARAPPAN, J.

mp Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;

(c) The petitioner shall report before the respondent Police, daily twice at 10.30 a.m. and 5.30 p.m. for a period of 30 days;

(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

01.04.2026 mp To 1.The Judicial Magistrate No.I, Tiruppatur.

2.The Inspector of Police,Thirupathur Town Police Station, Thirupathur District.

3.The Public Prosecutor, High Court of Madras. Crl.OP.No.8079 of 2026 4/4