S.Ganesan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirty First day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.14640 of 2017 S.GANESAN ... PETITIONER /SOLE ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE, ILLUPOOR POLICE STATION, PUDUKKOTTAI DISTRICT.

CR.NO.152/17, U/S.15(1) 15(3) OF MEDICAL ACT 1956.

... RESPONDENT/ COMPLAINANT For Petitioner : M/S.R.SATISH, Advocate For Respondent : M/S.K.ANBARASAN, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as Sole Accused, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 15(1) 15(3) of Medical Act 1956, in Crime No. 152 of 2017, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the Joint Director of Rural Development and Medical Science made a surprise inspection. Accordingly, she inspected one Selvi Medical shop, which was owned by the petitioner and she found that the petitioner was selling expiry medicines and giving treatment without any qualification and licence, to the general public and hence, a case was registered against the petitioner by the respondent police under Section 15(1) 15(3) of Medical Act, 1956.

3. The learned counsel appearing for the petitioner would submit that the petitioner is not a license holder, but his son is a license holder. However, the license is expired and it is to be renewed. He further submit that the petitioner did not commit any offence, as alleged by the prosecution.

4. The learned Government Advocate (Crl.Side) appearing for the State would submit that the petitioner is working as BT.Assistant (Science) in Government Higher Secondary School, Illuppur, https://hcservices.ecourts.gov.in/hcservices/

Pudukkottai District. He further submit that the petitioner is doing medical practice in the abovesaid medical shop and selling the expiry(date 30.08.2017) medicines. Accordingly, on the inspection, the Joint Director gave a complaint and registered a case against the petitioner by the respondent police and that the investigation is pending.

5. Considering the facts and circumstances of the case and also considering the gravity of offence, since the Government Teacher practicing the medical field without any qualification and without any license, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, this petition is dismissed. sd/- 31/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE INSPECTOR OF POLICE, ILLUPOOR POLICE STATION, PUDUKKOTTAI DISTRICT.

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

+1. CC to M/S.R.SATISH Advocate SR.No.33593

ORDER

IN CRL OP(MD) No.14640 of 2017 Date :31/10/2017 MS/PM-PN/SAR.2/06.11.2017/2P.4C https://hcservices.ecourts.gov.in/hcservices/