Vijayakumar v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 01.09.2020 CORAM :

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.13393 of 2020 Vijayakumar ... Petitioner Vs.

The State Rep. by The Inspector of Police, Elachipalayam Police Station, Namakkal District.

(Crime No.596 of 2020) ... Respondent PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on bail, in the event of his arrest in Crime No.596 of 2020, pending investigation on the file of the respondent police.

For Petitioner : Mr.C.S.Saravanan For Respondent : Mr.M.Mohamed Riyaz 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 Section 420 of IPC and 15 of Indian Medical Council Act, 1956, in Crime No.596 of 2020, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution as per the defacto complainant Dr.Balamurugan, the Block Medical Officer is that on information, he conducted inspection and found that the petitioner had practised allopathy medicine wihtout having required qualification. 3.The learned counsel for the petitioner would submit that the petitioner is running a medical store and he also doing social work during the Covid period, he has given medicine to a person affected by Covid. Unfortunately, the person aged 62 years died and false complaint has been given against him. He further submitted that the petitioner is now affected by Covid and he is also in quarantine period.

4.The learned Additional Public Prosecutor would submit that the petitioner under the guise of running medical store was practising allopathy medicine without required qualification. He would further submit that there is no previous case pending against him. 5.In order to curb the illegal activities and taking into consideration the voluntary submission made by the petitioner offering to donate/pay considerable amount to any charitable organization or association, this Court is of the opinion that the petitioner may be directed to donate/pay a sum of Rs.20,000/- (Rupees Twenty Thousand only) to 'The Chief Minister's Public Relief Fund', Indian Overseas Bank, SB.A/c. No.117201000000070, IFSC Code. No.IOBA0001172 without prejudice to his rights and contentions before the trial Court.

6.Merely, because the petitioner has deposited the said amount, it would not amount to admission of his guilt. Therefore, it is open to the trial Court to deal with the case independently.

7. Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

(a) The petitioner is directed to pay a sum of Rs.20,000/- either through RTGS/NEFT or in cash in favour of 'The Chief Minister's Public Relief Fund', Indian Overseas Bank, SB.A/c.

No.117201000000070, IFSC Code. No.IOBA0001172 within four weeks from the date of receipt of a copy of this order. Thereafter, the petitioner is directed to be released on bail in the event of his arrest or his appearance and on production of proof of payment of the above amount and on further condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Ten thousand only) with two sureties each for the like sum to the satisfaction of the police officer who intends to arrest, failing which the petition for anticipatory bail shall stand dismissed automatically and on further condition that the petitioner shall also give an letter of undertaking before the respondent/police that the said amount has been paid in respect of particular crime number. [b] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the respondent/police may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[c] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioner shall not abscond either during investigation or trial.

[f] 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]. [g] 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/- 01/09/2020 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, TIRUCHENGODE.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, ELACHIPALAYAM POLICE STATION, NAMAKKAL DISTRICT.

4 THE CHIEF MINISTER'S PUBLIC RELIEF FUND, INDIAN OVERSEAS BANK, SB.A/C. NO.117201000000070, IFSC CODE. NO.IOBA0001172 CC to M/S. C.S.SARAVANAN Advocate on payment of necessary charges CRL OP.13393/2020 Date :01/09/2020 cs 16/09/2020