Israel Ebanezar v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.05.2025 PRESENT The HONOURABLE MR. JUSTICE M.JOTHIRAMAN Israel Ebanezar ... Petitioner/Accused Rank not known Vs The State represented by The Inspector of Police, SS Colony Police Station, Madurai City, Madurai District.

(Crime No.78 of 2025) ... Respondent/Complainant For Petitioner : Mr.A.Balaji For Respondent : Mr.B.Thanga Aravind Government Advocate (Crl Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.78 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused rank not known, who apprehends arrest at the hands of the respondent police for the offences punishable under sections 318(4), 319(2), 125 of BNS, 2023 and 15(3) of Indian Medical Council Act, 1956 in Crime No.78 of 2025, on the file of the respondent police, seeks anticipatory bail. 1/4

2.The case of the prosecution is that based on the complaint given by one Santhoshkumar on 31.01.2025, the defacto complainant conducted a surprise inspection at EROSA Health Centre operating at Arasaradi, Madurai. During the said inspection, it was prima facie revealed that the named accused Ms.Rani was practising medicine without holding any valid medical degree or registration under the Indian Medical Council Act. Hence, the complaint. 3.The learned Counsel for the petitioner would submit that the petitioner is an innocent person and has not committed any offence as alleged by the prosecution and that he has been falsely implicated in this case. He therefore prays for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Criminal Side) would submit that the said Ms.Rani was practising medicine without holding any valid license. He would further submit that A1 is arrested and released on bail. 5.Considering the facts and circumstance of the case and also considering the fact that A1 was arrested and enlarged on bail, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on anticipatory 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 2/4

No.V, Madurai on condition that the petitioner shall execute 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 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 report before the respondent Police daily at 10.30 a.m. until further orders.

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

[d] the petitioner shall not abscond either during investigation or trial. [e] 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 petitioners 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]. 3/4

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS 2023.

sd/- 08/05/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

MGA TO 1.THE JUDICIAL MAGISTRATE NO.V, MADURAI.

2.THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3.THE INSPECTOR OF POLICE,SS COLONY POLICE STATION, MADURAI CITY, MADURAI DISTRICT.

4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to A.BALAJI Advocate SR.No.5379 (I)DT.08/05/2025 ORDER IN CRL OP(MD) No.8432 of 2025 Date :08/05/2025 PR/22.05 .2025 4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4