Renuka v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.07.2021

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI CRL.O.P.No.12316 of 2021 Renuka

...Petitioner

Versus

State Rep. by The Inspector of Police, Chengam Police Station, Thiruvannamalai District.

(Cr.No.462 of 2021)

...Respondent

PRAYER: Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioner on anticipatory bail in the event of arrest by the respondent Police in Crime No.462 of 2021 on the file of the respondent Police. For Petitioner : Mr.P.Balamurugan For Respondent : Mr.A.Gopinath Government Advocate (Crl. side)

O R D E R

(*)The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 420 of I.P.C r/w Section 15(3) of Indian Medical Council Act and Section 8 of the Private Clinic Establishment Act, 1997 in Crime No.462 of 2021, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the the petitioner was a fake doctor running the hospital in the name and style of 'Nandhini Hospital' at Chengam, Thiruvannamalai District. Hence this complaint. 3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution and she has been falsely implicated in this case. Originally she is not a doctor and was not in-charge of 'Nandhini Hospital'. Her daughter, namely, Nandhini is only a doctor, who is a running the said hospital. Hence, the learned counsel prays to grant anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.Side) also conceded to the said fact and submitted that there are one previous case of similar nature pending against the petitioner.

5. Considering the fact that the petitioner is not a Doctor of the said Hospital and she only rendering some assistance to her daughter, this Court is inclined to grant anticipatory bail to the petitioner.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Chengam, Thiruvannamalai District, 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 and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned 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 daily at 10.30 a.m. until further orders;

(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/- 16/07/2021 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.

(*) Being mentioned and All the other observations made in the earlier order dated 16.07.2021 shall remain intact as per order of this Court dated 04.10.2021.

TO 1 THE JUDICIAL MAGISTRATE, CHENGAM, THIRUVANNAMALAI DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVANNAMALAI(FOR INFORMATION) 3 THE INSPECTOR OF POLICE, CHENGAM POLICE STATION, TIRUVANNAMALAI DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S. P.BALAMURUGAN Advocate on payment of necessary charges SR.NO.11045 CRL OP.12316/2021 Date :16/07/2021 RVR 26/07/2021 RW 12/10/2021