Dismissed

Sreeraj Sreenivas M.S. v. State of Kerala

Kerala HC28 Oct 2019Bail Appl./7369/2019

Case brief

AI extract

What is this about?

The Kerala High Court disposed of an anticipatory bail application filed by a doctor accused of practicing without license and cheating patients. The court refused bail pending regular bail consideration, directing surrender to the investigating officer for interrogation.

What did the court decide?

Anticipatory bail application dismissed; petitioner directed to surrender to Investigating Officer forthwith for interrogation and produce before Magistrate for regular bail consideration.

Sreeraj Sreenivas M.S. Vs State of Kerala — Anticipatory Bail | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

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MONDAY, THE 28TH DAY OF OCTOBER 2019 / 6TH KARTHIKA, 1941

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Bail Appl..No.7369 OF 2019

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CRIME NO.384/2019 OF NEDUPUZHA POLICE STATION, THRISSUR

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PETITIONER/ACCUSED:

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SREERAJ SREENIVAS M.S. AGED 52 YEARS S/O. DR. M.V.SREENIVAS, SAISREE, MANGAT BHAVAN, KOORKENCHERY VILLAGE, THRISSUR TALUK

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BY ADVS. SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY SRI.D.FEROZE SRI.K.ANAND (A-1921)

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RESPONDENTS/STATE:

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1 STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031, (CRIME NO. 384/2019 OF NEDUPUZHA POLICE STATION, THIRUSSUR DISTRICT)

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2 STATION HOUSE OFFICER, NEDUPUZHA POLICE STATION, THRISSUR DISTRICT-680007 (CRIME NO. 384/2019 OF NEDUPUZHA POLICE STATION, THRISSUR DISTRICT)

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SRI RAMESH CHAND, PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.7369 OF 2019

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ORDER

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This application is filed under Section 438 of the Code of Criminal Procedure.

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The applicant herein is the accused in Crime No. 384 of 2019 of the Nedupuzha Police Station, registered under Section 419 and 420 of the IPC and under Section 17(4) of Indian Medicine Central Council Act, 1970.

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The Deputy District Medical Officer of the District Medical Office, Thrissur along with a team of officers inspected building No.1806 situated at Koorkanchery, Thrissur based on information that the applicant herein was administering medical treatment without proper licence or qualification. During the surprise inspection the officers noted that the applicant herein was treating patients by inducing them to believe that he is properly qualified. He had also exhibited a certificate which was purportedly issued by the State Council of Ayurveda and Yunani medicines, Bihar and also another certificate issued by the Hindi Sahitya Sammelan, Prayag. The inspecting officers noted prescription pads, stethoscope and name boards proclaiming the qualification of the applicant. They also noted the presence of numerous patients who had come to visit the applicant. The records were seized as per a mahazar and information was given to the police based on which the subject crime was registered.

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Bail Appl..No.7369 OF 2019

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Sri.S.Rajeev, the learned counsel appearing for the applicant, submitted that the applicant had worked at ‘Oushadhi’ for a long period and after his retirement, he used to dispense medicines manufactured by Oushadhi. He would further contend that the applicant had approached this Court for consideration of recognition of his degree and the Writ Petition is still pending consideration. According to the learned counsel, the allegation that the applicant had treated patients is untrue. He would further contend that Section 420 of the IPC will have no application even if the allegations are admitted as true.

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The learned Public Prosecutor has opposed the prayer. He submitted that the applicant herein had earlier approached this Court seeking pre-arrest bail and the same was withdrawn. He would further contend that the allegations are extremely grave and the materials seized from the clinic would show that the applicant was duping unsuspecting patients by portraying himself as a qualified man.

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I have considered the submissions advanced and have perused the materials made available. The fact that the applicant has filed a Writ Petition before this Court seeking recognition of the degree granted to him is sufficient enough to conclude that he was not entitled to practice any system of medicine to the detriment of the patients. The records which are made available clearly shows that the applicant herein was administering treatment to unsuspecting

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Bail Appl..No.7369 OF 2019

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persons. In the facts and circumstances, this does not appear to be a fit case warranting exercise of powers under Section 438 of the Cr.P.C in favour of the applicant.

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I direct the applicant to surrender before the Investigating officer forthwith. After interrogation, the applicant shall be produced before the learned Magistrate having jurisdiction. On such production, if an application for regular bail is preferred, the same shall be considered and orders shall be passed expeditiously and on its merits, ideally on the same day itself. While considering the application, the question whether Section 420 of the IPC will be attracted in the facts and circumstances shall also be considered by the learned Magistrate.

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This application is dismissed.

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Sd/-

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RAJA VIJAYARAGHAVAN V.,

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JUDGE

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IAP

Sreeraj Sreenivas M.S. v. State of Kerala

Case brief

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Sreeraj Sreenivas M.S. v. State of Kerala

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