Thanigaivel v. The Station House Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.09.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.16911 of 2025 Thanigaivel ... Petitioner Vs.

The State represented by Station House Officer, Chidambaram Town Police Station, Cuddalore District.

... Respondent (Cr.No.147 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in the event of his arrest in Crime No.147 of 2025 pending on the file of the respondent police.

For Petitioner : Mr.Ragul Kousik For Respondent : Mr.S.Udaya Kumar Government Advocate (Crl. Side)

ORDER

The petitioner, who apprehends arrest for the alleged offence under Sections 318(4) of BNS, 2023 r/w 15(3) of Indian Medical Council Act, 1956 in Cr.No.147 of 2025 on the file of the respondent police seeks anticipatory bail.

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2. The allegation against the petitioner is that he is an acupuncture practitioner running an acupuncture clinic at Chidambaram. It is alleged that he prescribed allopathic medicines to his patients, though he is not qualified to do so. Hence, the present case.

3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and that he has been falsely implicated in this case. Hence, he prayed that anticipatory bail may be granted to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner is only an acupuncture therapist. However, the fact that he had prescribed allopathy medicines is sufficient to show that he has acted in violation of the provisions governing medical practice. Hence, he opposed the grant of anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on record. 2/4

6. Considering the facts and circumstances of the case and the submissions made by both counsel, and taking note of the fact that the petitioner is only an acupuncture therapist, yet has prescribed allopathic medicine which itself is sufficient to show that he acted in violation of medical regulations, I am not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, this Criminal Original Petition is dismissed. 23.09.2025 Vv To

1. The Judicial Magistrate-II, Chidambaram.

2. The Station House Officer, Chidambaram Town Police Station, Cuddalore District.

3.The Public Prosecutor High Court of Madras, Chennai 600 104.

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K.RAJASEKAR , J.

Vv Crl.O.P.No.16911 of 2025 23.09.2025 4/4