L.Sakthivel v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.08.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.12262 of 2020 L.Sakthivel ... Petitioner Vs.

State Represented by The Inspector of Police, Mathikonepalayam Police Station, Dharmapuri District.

(Cr. No.906 of 2020) ... Respondent Prayer: Criminal Original Petition filed under Section 438 Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest by the respondent police in Crime No.906 of 2020 on the file of the respondent police station.

For Petitioner : Mr.S.Shankar For Respondent : Mr.K.Prabakar Additional Public Prosecutor

O R D E R

(The case has been heard through video conference) The Petitioner who apprehends arrest at the hands of the respondent police for the alleged offences punishable under sections 420 of IPC and Sec.15(2) of the Indian Medical Council Act in Crime No.906 of 2020 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner has given treatment to the general public as if he is Allopathy Doctor withount any valid licence. Hence the complaint. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner was holding the licence for running a Medical shop as per the rules and procedure namely Balaji Medicalls, bearing licence No.SLD/5228/20,21 dated 08.02.2013, which was issued by the Assistant Director of Drugus Control, Salem. He further submitted that petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the Medical Officer conducted ride and found that the petitioner has given treatment to the general public as if he is Allopathy Doctor withount any valid licence. He further submitted that there are no previous case is pending aginst the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts 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 his arrest by the respondent police or on his appearance, within a period of fifteen days after lifting of lockdowm or the commencement of Court's normal functioning whichever is earlier, before the learned Judicial Magistrate-I, Dharmapuri, 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 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., 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 229A IPC.

8. With the above directions, this Criminal Original Petition is ordered.

-sd/- 14/08/2020 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, NO.I, DHARMAPURI.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, MATHIKONEPALAYAM POLICE STATION, DHARMAPURI DISTRICT.

+1CC to M/S S.SHANKAR Advocate on payment of necessary charges SR.No.26782 CRL OP.12262/2020 Date :14/08/2020 cs 03/09/2020