Mohan @ Mohanraj v. Inspector Of Police
Orders Reserved on 22.09.2023 Orders Pronounced on RMT. TEEKAA RAMAN., J.
The petitioner who is arrayed as accused apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 417, 420 of IPC and 15 (3) and 17 of Indian Medical Council Act, registered in Crime No.290 of 2023, seeks anticipatory bail.
2. The case of the prosecution is that the offence is said to have taken place on 24/08/2023 and the defacto complainant is Dr.Kalik Basha, Asst. Surgeon, Ambur Government Hospital, Tirupathur District. The complainant had lodged that on inspection, it came to light that one D.Nagarajan s/o Rajendiran who is arrayed as A.1 and this petitioner, without any medical qualification had been running a private clinic in the name of A.1 at Mittalam-Bairapalli road, Ambur Taluk, Tirupathur District and that medicines were seized at the time of said inspection. Based on the aforesaid complaint, a case has been registered and the complainant is urging for action.
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3. The learned counsel for the petitioner submitted that the petitioner has qualified 10th and 12th standard and also filed documents. He was just present in the clinic run by A.1, at the time of inspection and he is no way connected to the offence.
4. The learned Government Advocate (crl.side) would contend that based on the complaint given by the Asst. Surgeon, Ambur Government Hospital, Tirupathur, both A.1 & A.2 are running the clinic. They have studied only upto 10th & 12th standard.
5. Heard the learned counsel for the petitioner as well as the Government Advocate (crl.side) and perused the records.
6. Considering the rival submissions of the parties, nature and gravity of the offence as to the public health of the people in the locality, I am not inclined to grant anticipatory bail to the petitioner for the present, 2/4
with a liberty to file fresh application after passage of time or change in circumstances.
7. Accordingly, this Criminal Original Petition is dismissed. rgr 3/4
RMT. TEEKAA RAMAN.,J.
rgr order in 4/4