P. Murugesan v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.04.2023
CORAM
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA P.Murugesan ... Petitioner Vs.
State rep. by the The Inspector of Police Adhiyaman Kottai Police Station Dharmapuri District (Crime No.71 of 2023) ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail in connection with Crime No.71 of 2023 on the file of the respondent.
For Petitioner : Mr.V.Sakkarapani For Respondent : Mr. C.E.Pratap Government Advocate (Crl. Side)
O R D E R
The petitioner, who was arrested and remanded to judicial custody on 05.04.2023, for the offences punishable under Sections 15(3) Indian Medical Council Act, 1956 & 420 IPC @ Sections 420 IPC and 34(2) of National Medical Commission, in Crime No.71 of 2023 on the file of the respondent police, seeks bail.
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2. The case of the prosecution is that on 05.04.2023 at about 04.45 p.m., when the defacto complainant/the Joint Director of Health and Rural Services, Dharmapuri and his team were on raid at Nallampalli Village, they found the petitioner/accused running a Clinic in his house and illegally practicing Alopathy medicine without possessing requisite qualification. Further the accused was in possession of some drugs and medical equipments. Hence, the case.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and a false case has been foisted against him. He would further submit that the petitioner's son is a registered Homoeopathy Medical Practitioner vide registration No.3312/2009 and that the respondent visited the house of the petitioner and falsely registered a case against the petitioner. He would further submit that the petitioner has been in judicial custody from 05.04.2023 and without prejudice to his rights and defence, the petitioner is ready and willing to deposit a sum of Rs.20,000/- to any welfare scheme run by the Government as may be directed by this Court and hence, he prayed for grant of bail to the petitioner. 2/6
4. The learned Government Advocate (Criminal Side) for the respondent vehemently opposed to grant bail to the petitioner stating that the petitioner without having requisite qualification, had practiced Alopathy medicine and also given treatment to the public. Further, the petitioner has got one previous case of similar nature registered in the year 2010.
5. Heard the learned Counsel for the petitioner and the learned Government Advocate (Crl. Side) and perused the materials available on record including the FIR.
6. Considering the facts and circumstances of the case and the submissions made by the learned counsel on either side and the period of incarceration undergone by the petitioner, this Court is inclined to grant of bail to the petitioner with certain conditions.
7. Accordingly, the petitioner is directed to make a non-refundable deposit of Rs.20,000/- (Rupees Twenty Thousand only) by way of RTGS/NEFT to the credit of "M/s.The Tamil Nadu Juvenile Justice Fund, Account Number : 358001000000671, IFSC Code : IOBA0001288, MICR:600020073, Indian Overseas Bank, SME Kilpauk Branch, 20, 3/6
Ormes Road, Kilplauk, Chennai-600 010", without prejudice to his rights and contentions before the trial Court, on such deposit and production of proof, the petitioner is ordered to be released on bail on his executing 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 learned Judicial Magistrate No.II, Dharmapuri, and on further conditions that: [a] 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 everyday at 10.30 a.m. for a period of four weeks and thereafter, every Saturday at 10.30 a.m. until further orders;
[c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial; 4/6
[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 abscond, a fresh FIR can be registered under Section 229A IPC.
28.04.2023 ksa-2 To
1. The Judicial Magistrate No.II, Dharmapuri
2. The Inspector of Police Adhiyaman Kottai Police Station Dharmapuri District
3. The Sub Jail, Dharmapuri
4. The Public Prosecutor, High Court of Madras.
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A.D.JAGADISH CHANDIRA,J., ksa-2 28.04.2023 6/6