Madras High CourtCRL OP/18208/2021dismissed

M.Murugesan v. The State Repby

2021-10-20Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twentieth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.18208 of 2021 M.MURUGESAN [ PETITIONER / ACCUSED ] Vs THE STATE REPBY [ RESPONDENT ] THE INSPECTOR OF POLICE, HOSUR TOWN POLICE STATION, KRISHNAGIRI DISTRICT.

CRIME NO.437 OF 2021.

For Petitioner : M/S.C.S.VIJAYAKUMAR Advocate For Respondent : MR. C.E.PRATAP, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 09.09.2021 by the respondent police for the offence punishable under Sections 15(3) of Indian Medical Council Act, 1956, Section 27(b)(ii) of the Drugs and Cosmetics Act, 1940 and Section 420 of IPC in Crime No.437 of 2021 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner, who is practicing Allopathy medicine, without any valid degree, given treatment to one Korima, who is aged about 27 years, died. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent and a false case has been foisted against him. Hence, he prayed for grant of bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Government Advocate submitted that the petitioner is not qualified Doctor and however, he has given treatment to one Korima, who is aged about 27 years old, died. Therefore, he opposed to grant bail to the petitioner.

5. Taking into consideration the serious allegation and also of the fact that the victim lost her life after taking treatment from the petitioner and the petitioner is an unqualified person, this Court is of the view that the custodial interrogation of the petitioner is essential and this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 20/10/2021 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 OFFICER INCHARGE, SUB JAIL, HOSUR.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, HOSUR TOWN POLICE STATION, KRISHNAGIRI DISTRICT.

CC to M/S.C.S.VIJAYAKUMAR Advocate on payment of necessary charges CRL OP.18208/2021 Date :20/10/2021 RW 29/10/2021 https://hcservices.ecourts.gov.in/hcservices/