Purushothaman v. State Rep By

A.D.JAGADISH CHANDIRA, J., The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 417 and 420 of IPC and Section 15 and 15(3) of Indian Medical Council Act, 1956 in Crime No.278 of 2022, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the petitioner without requisite qualification has practised and prescribed allopathy medicine. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case. He would submit that the petitioner had completed alternative medicine and registered as medical practitioner for Indo Allopathy and obtained registration certificate from the Indian Board of Alternative medicines and also registered as a medical practitioner for Ayurveda for which certificate was issued by the Tamil Nadu Board of Indian Medicine, Madras. The petitioner is a registered 1/4

pharmacist and he got certificate from the Tamil Nadu Pharmacy Council, Chennai. The petitioner further submits the petitioner is running medical shop for the past 15years without any complaint and remarks.

4. The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner is practising allopathy medicine in his medical store without proper license and no previous case is pending against the petitioner.

5. Taking into consideration the facts and circumstances of the case and the submissions made by the learned Counsel, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the copy of the order is made ready, before the Judicial Magistrate No.II, Kancheepuram, on condition that the petitioner shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 2/4

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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and 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] the petitioner shall report before the respondent Police everyday at 10.30 a.m., until further orders.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner 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 petitioner 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].

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

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A. D. JAGADISH CHANDIRA, J.

tsh 7.With the above directions, this Criminal Original Petition is ordered.

05.09.2022 tsh 4/4