Shanmugam @ N.Shanmugasundaram v. Inspector Of Police

Crl.O.P.No.26820 of 2023 C.V.KARTHIKEYAN,J.

The petitioner seeks anticipatory bail in Crime No.447 of 2023 registered by the respondent police for the offences punishable under Sections 417 and 420 of IPC and Section 15(3) of the Indian Medical Council Act, 1956.

2. It is the case of the of prosecution that the petitioner had claimed himself to be a Doctor and practised medicine and cheated the general public. The respondent found 45 numbers of Tetanus Toxoid 0.5ml injection.

3. The learned counsel for the petitioner stated that the petitioner would come forward to file an affidavit that he would never ever practice medicine in his life and to that effect affidavit of undertaking has been filed.

1/4

4. Taking that factor, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions:

5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate Court, Polur, Thiruvannamalai on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, 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 file a similar affidavit before the 2/4

learned Judicial Magistrate Court, Polur, Thiruvannamalai. [c] the petitioner shall report before the respondent police every day at 10.30 a.m until further orders.

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

[e] the petitioner shall not abscond either during investigation or trial.

[f] 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].

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

08.12.2023 Vv 3/4

C.V.KARTHIKEYAN,J.

Vv Crl.O.P.No.26820 of 2023 08.12.2023 4/4