Mogan v. State Rep.By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.06.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.10503 of 2021 Mogan ... Petitioner Vs.

State represented by its, Inspector of Police, Achirapakkam Police Station, Chengalpattu District.

(Crime No.253 of 2021) ... Respondent PRAYER: Criminal Original petition has been filed under Section 438 of Cr.P.C, prayed to enlarge the petitioner on bail in Crime No.253 of 2021 in the event of arrest on the file of the respondent Police Station.

For Petitioner : Mr.V. Bhagiradhan For Respondent : Mr.C.E. Pratap Government Advocate

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Section 420 of I.P.C r/w 2 and 3 of Epidemic Diseases Act, 1897 in Crime No.253 of 2021, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner without any proper license was running a laboratory and in the said laboratory he was collecting blood samples without any prescription from the Doctors; he was not following Corona preventive measures fixed by the Government of Tamil Nadu. The further allegation is that the petitioner has produced a medical report for one Mohammed that he is affected by Thphoid, but when the said Mohammed was tested Corona Positive by the Primary Health Center. Hence the defacto complainant who is a Block Health Supervisor registered a case against the petitioner.

3. The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. On instructions he would further submits that without prejudice to their defence and contentions, the petitioner is ready to deposit a sum of Rs.25,000/- in favour of "The Dean, Government Chengalpattu Medical College and Hospital, for treating Covid-19 patients. Therefore, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) vehemently opposed the grant of anticipatory bail by stating that the petitioner was running blood testing laboratory without any valid licence.

5. Taking into consideration the submissions advanced on behalf of the petitioner and also the fact that the petitioner has willfully and on his own volition agreed to pay cost to any charitable institution as imposed by this Court, 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, Madurantakam" 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 and on further condition that: (a) the petitioner shall to deposit a sum of Rs.

(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.

(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 absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 16/06/2021 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, MADURANTAKAM.

2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, ACHIRAPAKKAM POLICE STATION, CHENGALPATTU DISTRICT.

5 THE DEAN, GOVERNMENT CHENGALPATTU MEDICAL COLLEGE AND HOSPITAL, FOR TREATING COVID-19 PATIENTS" FOR TREATING COVID-19 PATIENTS +1 CC to M/S.V.BHAGIRADHAN Advocate on payment of necessary charges SR.No.6579 CRL OP.10503/2021 Date :16/06/2021 cs 02/07/2021