Nimmi Mary Thomas Alias Nimmi v. State, Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 22.04.2025
CORAM:
THE HON`BLE MR.JUSTICE SUNDER MOHAN Nimmi Mary Thomas @ Nimmi ... Petitioner / Accused Vs State rep. by:- The Inspector of Police, Perumanallur Police Station, Tiruppur District.
... Respondent [Cr. No.160 of 2025] PRAYER: - Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Cr.No.160 of 2025, pending investigation on the file of the respondent Police.
For Petitioner : Mr. M. Vijaya Ragavan For Respondent : Mr. Leonard Arul Joseph Selvam, Government Advocate [Criminal side]
ORDER
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This Criminal Original Petition has been filed by the petitioner/accused, who was arrested and remanded to judicial custody on 28.03.2025, seeking bail in Cr. No.160 of 2025 registered for the offences under Section 318(3) of B.N.S. and Section 15(3) of Indian Medical Council Act.
2. The case of the prosecution is that the petitioner was running a Clinic in the name of 'Sree Madha Clinic' and was prescribing Allopathic medicines without the requisite qualifications.
3. The learned counsel for the petitioner would contend that the allegations against the petitioner are false; that there is no complaint from the general public and the complaint was given by one Dr. Balaji, Chief Medical Officer, Government Hospital, Avinashi, Tiruppur; that in any case, further custody of the petitioner is not required for the purpose of investigation; and that considering the period of incarceration of the petitioner, he may be released on bail.
4. Learned Government Advocate (Crl.Side) appearing for the 2/5
respondent police, reiterated the prosecution case and submitted that the petitioner one previous case of similar nature, in which, she is on bail.
5. Considering the aforesaid facts, nature of allegations, period of incarceration, the fact that the clinic of the petitioner has now been closed and the petitioner is on bail in other previous case, this Court is of the view that further custody of the petitioner is not required for the purpose of investigation. Hence, this Court is inclined to grant bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail on her executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Avinashi, Tiruppur District 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;
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[b] the petitioner shall report before the respondent Police, everyday 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; [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 absconds, a fresh FIR can be registered under Section 269 B.N.S. 22.04.2025 mjs 4/5
SUNDER MOHAN. J., mjs To
1. The Judicial Magistrate, Avinashi, Tiruppur District. 2.The Inspector of Police, Perumanallur Police Station, Tiruppur District.
3. The District Jail (Women), Tiruppur.
4. The Public Prosecutor, High Court of Madras.
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