M.Settu v. The Inspector of Police,

ORDER The petitioner apprehends arrest for the alleged offence under Sections 318(4) and 319(2) of BNS r/w Section 15(3) of Indian Medical Counsel Act r/w Section 34 of National Medical Council Act in Crime No.365 of 2026, on the file of the respondent police seeks anticipatory bail. Page2 of 5

¶2The case of the prosecution is that, acting on information that the petitioner was running a clinic at Sozhampattu Village without a valid licence and was practising medicine without the requisite qualification, the de facto complainant, along with the officials concerned, conducted an inspection on

17.07.2026. During the inspection, it was allegedly found that the petitioner had treated a pregnant woman and had also performed termination of pregnancy (foetal abortion) on another person without a valid licence. Hence, the complaint.

¶3The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the defacto complainant and he has been falsely implicated in this case. He further submitted that he is ready to abide by any conditions that may be imposed by this Court and ready to co-operate with the investigation. Hence, he prayed to grant anticipatory bail to the petitioner.

¶4The learned Government Advocate (C8rl.Side) appearing for the respondent police reiterated the prosecution case and vehemently opposed to grant anticipatory bail to the petitioner. Page3 of 5

¶5From the submissions made by the learned counsel appearing on either side, it is seen that the petitioner has been running a medical shop for more than ten years and is also a qualified D.Pharm graduate. The allegation against the petitioner is that he had practised medicine as a quack. Though such allegations have been made, considering the fact that the petitioner is a D.Pharm graduate, has been running a medical shop for several years, and has deep roots in society, this Court is of the view that, at this length of time, the custodial interrogation of the petitioner is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

¶6Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate, Sankarapuram, Kallakurichi District on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:

(a) If the petitioner fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form Page4 of 5 No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;

(c) The petitioner shall report before the respondent Police as and when required for interrogation;

(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 28-07-2026 KV To

¶1The Inspector of Police, Sankarapuram Police Station, Kallakurichi District.

¶2The Judicial Magistrate, Sankarapuram, Kallakurichi District.

¶3The Public Prosecutor, High Court of Madras. CRLoOPoNo.o20198oofo2026 C.KUMARAPPANoJ. KV CRLoOPoNo.o20198oofo2026 28-07-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN M.Settu ..Petitioner(s) Vs The Inspector of Police, Sankarapuram Police Station, Kallakurichi District. Crime No.365 of 2026 ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to order the petitioner to be enlarged on Anticipatory bail in the event of his arrest in Crime No.365 of 2026 on the file of the Inspector of Police, Sankarapuram Police Station, Kallakurichi District. For Petitioner(s): Mr.R.Prabudoss For Respondent(s): Mr.N.Palanivel, Govt.Advocate (Crl.Side)