S.Murugan v. The State Rep By

A.D.JAGADISH CHANDIRA, J.

Apprehending arrest in connection with Crime No.290 of 2024 registered for the offences punishable under Sections 318(4) of BNS, 2023 and 15(3) of Indian Medical Council Act, the present petition has been filed seeking anticipatory bail.

2. The case of the prosecution is that on 19.11.2024, at about 01.30 hours, when the defacto complainant along with Tr.Sankaran-Pharamacist, Tr.Raja Prabu-Health Inspector and the respondent police inspected the Om Sakthi Medical, during the inspection, it was found that the petitioner was practicing Siddha Medicine without proper registration as per the Indian Medical Council Act and cheated the public by treating them. Subsequently, the respondent police seized the medical equipments and the medicines from the place of occurrence. Hence the case.

3. Pleading innocence on the part of the petitioner, false implication in the case, learned counsel for the petitioner seeks indulgence of this court. He would submit that the petitioner belongs to a political party, and as he was involved in certain protest before the Taluk Officer, Thitakudi for a civil dispute, the respondent police registered this false case against the petitioner. He

would further submit that the petitioner is ready to abide by any stringent condition that may be imposed by this Court.

4. The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, is that, the petitioner is a quack doctor and without any requisite qualification he was practising Siddha Medicine. He would further submit that the petitioner has got two previous case, one case was registered in Cr.No.296 of 2022 by the Ramanatham Police Station and another case was registered in Cr.No.149 of 2024 by the Maruthathur Police Station for similar offences.

5. Heard the learned counsel appearing for the petitioner, the learned Government Advocate (Crl.Side) appearing for the respondent Police and perused the materials available on record.

6. Taking into consideration the above facts and circumstances of the case, the submissions made by the learned counsel on either side and the bad antecedents against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.

Accordingly, this Criminal Original Petition is dismissed. 03.12.2024 dsn A.D.JAGADISH CHANDIRA, J.

dsn 03.12.2024