S.Kumar v. The State Rep.By

Crl.O.P.No.26720 of 2023 C.V.KARTHIKEYAN, J.

The petitioner/A2, who was arrested and remanded to judicial custody on 07.01.2023 for the offences punishable under Sections 419, 420, 465 of IPC and Section 15(3) of Indian Medical Council Act, and Section 13(1) of the Tamilnadu Private Establishment Act in Crime No.686 of 2023 on the file of the respondent police, seeks bail. 2.The petitioner herein is arrayed as A2. A3 is a Doctor, who has two separate clinics. It is stated that, when she is in one of the clinics, A1 and A2 would alternatively treat the patients in the other clinic. This was found out by the defacto complainant, Joint Director Medical and Rural Health Services, Coimbatore, who had received complaints in this regard. 3.The learned counsel for the petitioner stated that the petitioner had received a certificate from N.E.H.M of India, New Delhi and it is claimed that it is also authorised by the Ministry of Health & F.W., Govt. of India. But this cannot be a MBBS degree authorising the petitioner to give treatment to the patients. Even otherwise, the petitioner cannot be a substitute of A3.

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C.V.KARTHIKEYAN , J.

smv 4.Taking all these factors into consideration, this Court is not inclined to grant bail to the petitioner herein. Accordingly, this Criminal Original Petition stands dismissed.

5.However, the learned counsel for the petitioner states that A3 has filed an application seeking anticipatory bail before the learned Principal District Judge, Coimbatore. A copy of this order may be forwarded to the learned Principal District Judge, Coimbatore and it is hoped that the Registry would be forwarding it before orders are passed in anticipatory bail application of A3.

24.11.2023 smv Note: The Registry is directed to forward this order to the learned Principal District Judge, Coimbatore, forthwith. Crl.O.P.No.26720 of 2023 2/2 https://www.mhc.tn.gov.in/judis