Jeya @ Jeyachandran vs State Of Tamil Nadu

S.Srimathy, J

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 319(2) and 318(4) of BNS r/w Section 15(3) of IMC Act, 1956, in Crime No.125 of 2026 on the file of the respondent police, seeks anticipatory bail.

The case of the prosecution is that when the Medical Officer, Government Hospital, Vadipatti, visited the petitioner's medical clinic called 'jaya clinic', it was found that the petitioner, who studied only 10th standard, showing himself as Doctor and gave treatment to the general public. Hence, the complaint.

The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is not practising as Doctor and is only the owner of the said clinic, which is being run under the guidelines of the qualified Dr.Dharshini. Hence, he seeks anticipatory bail to the petitioner.

The learned Government Advocate (Criminal Side) submitted that the investigation is pending and the petitioner has no previous case. However, he opposed for grant of anticipatory bail to the petitioner.

Recording the submission of the learned counsel for the petitioner, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, 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 learned Judicial Magistrate, Vadipatti, Madurai District, within a period of fifteen days from the date on which the order copy is made ready and on further conditions that:

[a]the petitioner shall file an affidavit at the time of producing surety. In the affidavit, the petitioner shall state he is not practising as a Doctor and in future also, he will not practice and he is only the owner of the said clinic;

(b)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 Aadhaar card or bank pass book to ensure their identity;

[c] the petitioner shall report before the respondent police daily at 10.30 am., for a period of two weeks and thereafter, as and when required for interrogation;

[d]the petitioner shall not tamper with the evidence or witness either during investigation or trial;

[e]the petitioner shall not abscond either during investigation or trial;

[f]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 is 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];

[g]If the accused there after absconds, a fresh FIR can be registered under Section 269 of BNS.