Madras High CourtCRL OP/13957/2022dismissed

P. Elayaraja v. The State Rep By Its,

2022-06-20Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twentieth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.13957 of 2022 P. ELAYARAJA [ PETITIONER / ACCUSED ] Vs THE STATE REP BY ITS, [ RESPONDENT ] THE INSPECTOR OF POLICE, MANGALAMEDU POLICE STATION, PERAMBALUR DISTRICT CRIME NO.151 OF 2022.

For Petitioner : M/S.T.DHARANI Advocate For Respondent : M/S.A.DAMODARAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 304, 312 r/w 201 of IPC, in Crime No.151 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner was running a medical shop. It is alleged that when the defacto complainant's daughter went to the shop of the petitioner for buying medicine, the petitioner suggested some medicines and after taking the medicine, the defacto complainant's daughter got bleeding and subsequently died. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and no way connected with the alleged offence. Hence, he prays to grant anticipatory bail to the petitioner.

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4. It is seen that the petitioner is running a Medical Shop and he is also doing operation illegally without any qualification. While being so, the victim who is also a Nurse, went to the shop of the petitioner for operation. The petitioner gave some medicine to the victim due to which, she got bleeding and subsequently died. Initially the case was registered under Section 174 Cr.P.C and subsequently altered to 304, 312 and 201 of IPC.

5. The learned Additional Public Prosecutor also produced the postmortem report of the victim and it also revealed the same. Hence he vehemently opposed to grant anticipatory bail to the petitioner.

6. Taking into consideration the facts and circumstances of the case, the petitioner had committed very serious and heinous offence as against the victim. Therefore, this Court is not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, this Criminal Original Petition is dismissed. -sd/- 20/06/2022 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, MANGALAMEDU POLICE STATION, PERAMBALUR DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.T.DHARANI Advocate on payment of necessary charges CRL OP.13957/2022 Date :20/06/2022 RW-01/07/2022 https://hcservices.ecourts.gov.in/hcservices/