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Madras High CourtCRL OP(MD)/2085/2020granted

E. Muthu v. The Inspector Of Police

2020-02-10Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.2085 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/02/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.2085 of 2020 E. Muthu, ... Petitioner/Sole Accused Vs The State rep.by The Inspector of Police, Chinthamanipatty Police Station, Karur District, Crime No.160/2019.

... Respondent/Complainant For Petitioner : M/s.B.Jameel Arasu, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- for Anticipatory Bail in Crime No.160 of 2019 on the file of the respondent police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under section 174(3) Cr.P.C., which was subsequently altered to Section 304(2), 420 of I.P.C., r/w Section 15(3) of Indian Medical Council Act, 1952, in Crime No.160 of 2019 on the file of the respondent police, seeks anticipatory bail.

3. The petitioner's earlier petition for anticipatory bail was dismissed by me, since I was convinced that the petitioner is a quack. He is not having medical qualification to engage in medical practice.

4.The petitioner renews his petition by giving an undertaking that the petitioner will permanently shut down his clinic and no https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.2085 of 2020 longer engage in any kind of practice.

5.The petitioner's counsel gives further statement that the petitioner will file a detailed and solemn undertaking before the Court below at the time of surrender. It is made clear that if this undertaking is breached, this court Court will not hesitate to cancel the order now granted and commit him to custody.

6. Recording the petitioner's undertaking and subject to this condition, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Kulithalai, Karur District, and on his executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

7. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 10/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, KULITHALAI, KARUR

2. DO THRO'THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.

3. THE INSPECTOR OF POLICE CHINTHAMANIPATTY POLICE STATION, KARUR DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.B.JAMEEL ARASU Advocate SR.No.5528

ORDER

IN CRL OP(MD) No.2085 of 2020 Date :10/02/2020 rmi AE/JC/SAR-I (14.02.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2