Murugan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.08.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Murugan

...Petitioner

Vs.

The State rep by Station House Officer, Ramanatham Police Station, Cuddalore District.

Crime No.296 of 2022

...Respondent

PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail relating to Crime No.296 of 2022 on the file of the respondent police.

For Petitioner : Mr.N.U.Presanna For Respondent : Mr.A.Damodaran, Additional Public Prosecutor 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 05.07.2022 for the offences under Sections 312, 420 of Indian Penal Code, Section 4 of Medical Termination of Pregnancy Act, 1971 read with Section 15(3) of Indian Medical Council Act, 1956 in crime No.296 of 2022 on the file of the respondent police, seeks bail.

2. As per the case of the prosecution, the de facto complainant is one Mrs.Selvi W/o Vaithiyalinagam, alleged in her complaint that her daughter Anitha married to one Velmurugan. When her daughter got conceived, both her daughter, the said Anitha and her son-in-law decided to abort the child and conveyed the same to the defacto complainant. Thereafter, they approached Om Sakthi Medical and Hospital at Thittagudi for the purpose of aborting the foetus. In the said Medical, there were three nurses and one unknown doctor i.e., the petitioner herein who made them to believe that they are the best doctors in the locality. Having made them to believe, he received a sum of Rs.15,000/- from her son-in-law for scanning on 24.04.2022. After scanning, it was reported to the defacto 2/6

complainant that her daughter was carrying a female child in her womb. Thereafter, as per the advice of the petitioner herein and the nurses, again on 05.05.2022, the defacto complainant, her daughter Anitha and her sonin-law Velmurugan went to the Om Sakthi Medical Centre and paid a sum of Rs.30,000/- for abortion. Treatment was conducted and during the treatment, defacto complainant's daughter lost her consciousness and fainted. Hence, the petitioner took her in his car bearing Reg No. TN 91 R 7346 to one Arputha Hospital at Perambalur, where the treatment was rejected and then she was taken to Amma Hospital and there also the treatment was rejected. Finally, she was taken to the Perambalur Government Hospital and was admitted at ICU. Alleging that all the incidents had taken place only because of the petitioner, the defacto complainant lodged a complaint against the petitioner.

3. Considering the facts and circumstances of the case and also considering the period of incarceration undergone by the petitioner ie., from 05.07.2022, this Court is inclined to grant bail to the petitioner.

4. Accordingly, the petitioner is ordered to be released on bail on 3/6

his executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two blood sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Thittagudi 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]petitioner shall report before the respondent police twice daily at 10.30.a.m., and 04.30.p.m., for a period of four weeks and thereafter as and when required for interrogation; [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 4/6

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 229A IPC.

10.08.2022 sma To:

1. Judicial Magistrate, Thittagudi.

2. Station House Officer, Ramanatham Police Station, Cuddalore District.

3. Central Prison, Cuddalore.

4. The Public Prosecutor, High Court of Madras 5/6

G.K.ILANTHIRAIYAN, J.

sma 10.08.2022 6/6