The High Court granted anticipatory bail to the petitioner apprehending arrest for offences related to running an unlicensed pharmacy, subject to filing an undertaking affidavit and appearing before the trial court.
Anticipatory bail granted with conditions to execute a bond, report to police, and file an undertaking not to run the pharmacy.
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Crl.O.P.No.29363 of 2022
Crl.O.P.No.29363 of 2022
T.V.THAMILSELVI, J.
The petitioner who apprehends arrest for the alleged offence under Section 420 IPC and Section 15 of Indian Medical Council Act in Cr.No.537 of 2022 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the petitioner has been illegally running a pharmacy without obtaining permission. Hence, the Law Enforcing Agency registered a case against the petitioner.
3.The learned counsel appearing for the petitioner submits that the petitioner has been falsely implicated in this case. He further submits that the petitioner shall file an affidavit of undertaking before the trial Court stating that she will not run Pharmacy. Hence, he prays to grant anticipatory bail to the petitioner.
4.The learned Government Advocate (Crl side) appearing for the respondent submits that the petitioner has been illegally running a pharmacy without obtaining licence. Hence, he vehemently opposed to grant anticipatory bail to the petitioner. https://www.mhc.tn.gov.in/judis
2 Crl.O.P.No.29363 of 2022
6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Sulur on condition that the petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty 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 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 Court concerned 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 on
every Tuesday at 10.30 a.m. for a period of three weeks and thereafter, https://www.mhc.tn.gov.in/judis
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Crl.O.P.No.29363 of 2022
as and when required for interrogation;
(c) the petitioner shall file an affidavit of undertaking before the
Trial Court stating that she will not run Pharmacy.
(d)the petitioner shall not tamper with 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 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]; and;
(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
12.01.2023
dk
To
The District Judicial Magistrate, Sulur.
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Crl.O.P.No.29363 of 2022
T.V.THAMILSELVI, J. dk
Crl.O.P.No.29363 of 2022
12.01.2023
2 issues framed by the court
Whether anticipatory bail is maintainable in a case where the petitioner is alleged to be illegally running a pharmacy without a licence.
What conditions can be imposed while granting anticipatory bail to an accused who apprehends arrest under IPC and Medical Council Act provisions.
Colour shows how this judgement treated each authority
P.K. Shaji Vs. State of KeralaReferred¶23
P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560] · Who else cites this
3 provisions across 2 enactments
Petitioner
State
T.V. Thamilselvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
