Gopinath v. State Rep By

G.CHANDRASEKHARAN.

J.

The petitioner namely Gopinath, who was arrested and remanded to judicial custody on 06.07.2023 for the offence punishable under 174Cr.P.C @ Section 304(2), 419, 420 IPC and 15(3) of IMC Act in Crime No.128 of 2023 on the file of the respondent police, seeks bail.

2. The learned counsel for the petitioner submitted that, petitioner is falsely implicated in this case in Crime No.128 of 2023 for the offences under Section 304(2), 419, 420 IPC and 15(3) of IMC Act. He further submitted that, petitioner had treated the deceased. However, only after returning home, it appears that, deceased suffered some complications. Therefore, petitioner is no way responsible for the death of the deceased. He is in judicial custody from 06.07.2023. Thus, he prays for grant of bail to the petitioner.

3. Learned Additional Public Prosecutor, opposes this bail petition, on the ground that, petitioner is not a Doctor, but posed himself as Alopathic care Doctor and he was running a clinic in Nayanaseruvu Village. The deceased was 1/4

taken to him for treatment, and petitioner gave injection and medicines at about 12.30 p.m, on 04.07.2023. At about 4.00 p.m., on the same day, deceased complained that, he felt pain and twitch in his legs. Therefore, he was taken to Natrampalli Government Hospital. On reaching the hospital at 4.35 p.m., Doctors declared that he was dead. The investigation in this case is not completed. Therefore, he prays for dismissal of this bail petition.

4. Considering the facts and seriousness of the case, that, petitioner is not a Doctor, but he posed himself as MBBS Doctor and treated patients and that, he was responsible for the death of the deceased by administering injection and medicine, and that investigation in this case is not completed, this Court is not inclined to release the petitioner on bail. Accordingly, this Criminal Original Petition is dismissed.

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G.CHANDRASEKHARAN.

J.

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