Viswanathan v. The Sub-Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/06/2020 PRESENT The Hon'ble Dr.Justice G.JAYACHANDRAN M.Viswanathan ... Petitioner/Sole Accused Vs The State Rep. by The Sub-Inspector of Police, Thogamalai Police Station, Karur District.

Cr No.215 of 2020. ... Respondent/Complainant For Petitioner : Ms.P.Kalaiyarasi Bharathi, Advocate. For Respondent : R.Anandharaj, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- To enlarge the petitioner on Anticipatory Bail in the event of his arrest in Cr.No. 215 of 2020 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 Additional Public Prosecutor appearing for the respondent. 2.The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under Section 420 of I.P.C. and Section 15(3) of the Indian Medical Council Act, 1956, in Crime No.215 of 2020, on the file of the respondent police, seeks anticipatory bail.

3.Earlier when the petitioner herein approached this Court for anticipatory bail, vide Crl.O.P.(MD)No.5367 of 2020, this Court dismissed the same recording that custodial interrogation is necessary to ascertain whether the petitioner is having qualification for giving Allopathy treatment or he got permission to conduct free medical camp under the aegis of Trust. The said order 1/3

came to be passed on 18.05.2020. After lapse of one month, the petitioner is before this Court again seeking anticipatory bail. 4.The learned Additional Public Prosecutor would submit that due to COVID-19 situation, they cannot make much progress in the investigation.

5.From the entire reading of the F.I.R., this Court finds that based on the complaint given by the General Public to the District Collector, the Chief Medical Officer has inspected the premises of the petitioner and seized Allopathy Medicines. The Seizure Report indicates several Allopathy Medicines were kept and stored in the petitioner's premises. However, the petitioner submits that they were stored for the purpose of giving free medical aid to the General Public by the Trust.

6.Taking note of lapse of time and change of circumstance, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7.Accordingly, petitioner is ordered to be released on bail in the event of arrest or on his appearance within a period of four weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Kulithalai, and on condition that he shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions 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 report before the respondent Police daily twice i.e., 10.30 a.m. and 05.00 p.m until further orders and co-operate with the investigation.

[c] The petitioner shall not conduct any Medical Aid Camp without prior permission of the de-facto complainant.

[d] The petitioner shall not carry on any activity dispensing Allopathy Medicine.

[e] If any complaint received from the Public regarding disposal of medical waste by the petitioner, the same shall be treated as breach of bail condition.

[f] The petitioner shall not tamper with evidence or witness either during investigation or trial.

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[g] The petitioner shall not abscond either during investigation or trial.

[h] 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).

[i] If the petitioner thereafter absconds, a fresh FIR can be registered under Section 229-A IPC. sd/- 29/06/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE JUDICIAL MAGISTRATE No.I, KULITHALAI, KARUR DISTRICT.

2. -DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.

3. THE SUB-INSPECTOR OF POLICE, THOGAMALAI POLICE STATION, KARUR DISTRICT.

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

ORDER IN CRL OP(MD) No.6765 of 2020 Date :29/06/2020 SMN2 TE/VR/SAR-II : 01/07/2020 : 3P/5C 3/3