Aruldoss v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.08.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.OP.No.13259 of 2020 Arul Doss ... Petitioner Vs.

State rep.by ... Respondent The Inspector of Police, Nemili Police Station, Vellore District.

Crime No.348 of 2020 Prayer: Criminal Original Petition filed under Section 438 Cr.P.C., praying to enlarge the petitioner on anticipatory bail in the event of his arrest pending investigation in Crime No.348 of 2020 on the file of the respondent police.

For Petitioners : Mr.R.Sasikumar For Respondent : Mr.M.Mohammad Riyaz Additional Public Prosecutor

ORDER

(This case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 419, 420 IPC r/w.15(3) of Indian Medical Council Act 1956, in Crime No.348 of 2020, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution as per the de facto complainant is that he is the Block Medical Officer, Government Primary Health Centre and the petitioner is practising Allopathy without possessing required license . Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He further submits that this is the second anticipatory bail petition and the earlier petition was dismissed as withdrawn. Hence, he prays for grant of anticipatory bail.

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4. Learned Additional Public Prosecutor appearing for the respondent would submit that petitioner without any qualification was found practicing Allopathy and the previous case against the petitioner is similar in nature. He would further submit that arrested accused A2 is still in custody. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration the facts and submissions made by the learned counsel and the fact that the petitioner has one previous case pending against him which is of similar nature and the arrested accused are still in custody, this court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition stands dismissed.

-sd/- 31/08/2020 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 INSPECTOR OF POLICE, NEMILI POLICE STATION, VELLORE DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. R.SASIKUMAR Advocate on payment of necessary charges CRL OP.13259/2020 Date :31/08/2020 TA-21/09/2020 https://hcservices.ecourts.gov.in/hcservices/