Renuka v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.08.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.15292 of 2021 Renuka ... Petitioner Vs.
The Inspector of Police, Chengam Police Station, Tiruvannamalai District.
(Crime No.593 of 2021) ... Respondent Prayer:
Petition filed under Section 439 of Cr.P.C., seeking to enlarge the petitioner on bail in the above Crime No.593 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 was arrested and remanded to judicial custody on 27.07.2021 for the offence under Section 420 of I.P.C. r/w. 15(3) of Indian Medical Council Act and Section 8 of the Tamilnadu Private Clinical Establishment Regulation Act in Crime No.593 of 2021 on the file of the respondent police, seeks bail.
2.It is the case of the prosecution that the petitioner is alleged to have treated the patients in the absence of Doctor in the Hospital, however, she is not a qualified person. 3.The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution. The learned counsel, on instructions, further submitted that the petitioner is ready to deposit a sum of Rs.25,000/- to the Medical Officer/Dean, Government Hospital and Medical College, Tiruvannamalai, to enable the Medical Officer/Dean to use the aforesaid amount for the purpose of treating the Covid-19 patients.
4.The learned Government Advocate (Criminal Side) submitted that there are two previous cases as against the petitioner. 5.Considering the period of incarceration undergone by the petitioner, I am inclined to grant bail to the petitioner. 6.Accordingly, the petitioner is ordered to be released on bail on her executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties, of whom, one should be a blood related surety, each for a like sum to the satisfaction of the learned Judicial Magistrate at Chengam and on further condition that: (a) the petitioner shall deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) through demand draft drawn in favour of the Medical Officer/Dean, Government Hospital and Medical College, Tiruvannamalai, to enable the Medical Officer/Dean to use the aforesaid amount for the purpose of treating the Covid-19 patients. The challan/receipt of such payment shall be produced at the time of executing the bond;
(b)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; (c)the petitioner shall report before the respondent police, daily at 10.30 a.m. until further orders;
(d)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(e)the petitioner shall not abscond either during investigation or trial;
(f)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners 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;
(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 25/08/2021 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.
TO 1 THE JUDICIAL MAGISTRATE, CHENGAM 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.
5 THE SUPERINTENDENT, CENTRAL PRISON,VELLORE 6 THE MEDICAL OFFICER/DEAN, GOVERNMENT HOSPITAL AND MEDICAL COLLEGE, TIRUVANNAMALAI CC to M/S.P.BALAMURUGAN Advocate on payment of necessary charges Sr.9038 CRL OP.15292/2021 Date :25/08/2021 RVR 27/08/2021