Vignesh L v. The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 01.04.2025
CORAM:
THE HON`BLE MR.JUSTICE SUNDER MOHAN Vignesh S/o. Lakshmanan ... Petitioner / Accused Vs State rep. by:- The Inspector of Police, Uthangarai Police Station, Krishnagiri District.
... Respondent [Cr. No.136 of 2025] PRAYER: - The Criminal Original Petition is filed under Section 482 of B.N.S.S., praying to grant anticipatory bail to the petitioner / Accused in Cr. No.136 of 2025 on the file of the respondent police. For Petitioner : Mr.K. Thiruvengadam For Respondent : Mr. S. Santhosh, Government Advocate [Criminal side]
ORDER
The petitioner / Accused, who apprehends arrest at the hands of the respondent police for the offence punishable under Section 318(4) of 1/6
B.N.S. and Section 15(3) of Indian Medical Council Act 1956 in connection with the case in Cr. No.136 of 2025, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner was running a Physiotherapy centre in the name and style of BPT Health Care and was prescribing Allopathic medicines without proper qualification.
3. The learned counsel for the petitioner would contend that the allegations against the petitioner are false; that there is no complaint from the general public and the complaint was given by one Dr. Ezhilarasi, Government Head Medical Officer, Government Hospital, Uthangarai; and that in any case, custodial interrogation of the petitioner is not required and hence prayed for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case and confirmed the above facts.
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5. Considering the aforesaid facts, nature of allegations, the fact that the clinic of the petitioner has now been closed and since the custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner on 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 Judicial Magistrate, Uthangarai 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 3/6
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]; and [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.
01.04.2025 mjs 4/6
To 1.The Judicial Magistrate, Uthangarai.
2. The Public Prosecutor, High Court, Madras. 3.The Inspector of Police, Uthangarai Police Station, Krishnagiri District. SUNDER MOHAN. J., mjs 5/6
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