Madras High CourtCRL OP/19581/2021granted

P.Veers v. The State Rep By

2021-10-22Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twenty Second day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.19581 of 2021 1 P.VEERS [ PETITIONERS / ACCUSED ] 2 M.DHARANIS Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, CHENGALPATTU TOWN POLICE STATION, CHENGALPATTU, CHENGALPATTU DISTRICT CRNO.747/2021 For Petitioner : M/S.E.UDAYACHANDER Advocate For Respondent : M/S. C.E.PRATAP, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest for the alleged offence punishable Under Section 294(b) of I.P.C R/W Section 3 of Tamil Nadu Medicare Service Persons and Medicare Service Institutions (Prevention Of Violence and Damage or Loss to Property) Act 2008,IPC, in Crime No.747 of 2021 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to labor pain first petitioner's wife was admitted in Chengalpattu Government Hospital. It is alleged that they didn't given proper treatment. Again the Doctor referred Maduranthakam Hospital. Again Maduranthakam Hospital referred to Chengalpattu Hospital. Thereby the baby was died. Thereafter the petitioners got agitated and tried to attack the staff members and

damaged the Hospital beds. Hence the Law Enforcing Agency registered a case against the petitioners.

3.The learned counsel appearing for the petitioners submits that the petitioners have not committed any such offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) submits that this is the second anticipatory bail application. Earlier anticipatory bail application before this Court in Crl.OP.No.16325 of 2021 was dismissed for non prosecution. However, he vehemently opposed grant of anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners. 6.Accordingly, the petitioners is ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No -1, Chengalpattu, Chengalpatgtu District on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(a) the petitioners shall affix his photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b) the petitioners shall report before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter as and when required for interrogation.

(c)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioners shall not abscond 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 petitionerss in accordance with law as if the conditions have been imposed and the petitionerss 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;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 22/10/2021 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 JUDICIAL MAGISTRATE, NO.I, CHENGALPATTU DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE KANCHEEPURAM [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, CHENGALPATTU TOWN POLICE STATION, CHENGALPATTU, CHENGALPATTU DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+2 CC to M/S.E.UDAYACHANDER Advocate on payment of necessary charges SR.No.11668 CRL OP.19581/2021 Date :22/10/2021 APN 29/10/2021