Ratheesh V B vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail filed under Section 439 of Code of Criminal Procedure, 1973.

Petitioner is accused No.1 in Crime No.303 of 2023 of Vazhikadavu Police Station, Malappuaram District. The offences alleged against the petitioner are punishable under Sections 419, 468 and 471 read with Section 34 of the Indian Penal Code,1860., apart from Section 15(3) of Indian Medical Council Act, 1956 apart from Section 27(b)(ii) of the Drugs and Cosmetics Act, 1940.

According to the prosecution, the accused had committed forgery and representing himself to be a doctor, carried on consulting patients at the ALMAS Hospital from 2018 to 20.04.2023 and used the word 'MBBS' as a suffix to his name and also used a seal containing the said degree without actually possessing such a degree and thereby committed the offences alleged.

Sri. M.Baiju Noel, the learned counsel for the petitioner contended that the entire prosecution allegations are false and the incident as alleged had not occurred. It was further submitted that petitioner was arrested on 21.04.2023 and that he has been in custody since then. He was also pointed out that, the investigation is almost completed and therefore no further detention is required.

Smt.T.V Neema, the learned Public Prosecutor opposed the application and submitted that the allegations against the petitioner are serious and the petitioner was a quack who was treating patients for almost 4 years and therefore bail ought not be granted.

I have considered the rival contentions.

Petitioner has committed serious offences. Without possessing a medical degree, he projected himself to be a doctor and was treating patients at the hospital. He had also displayed his name and used a seal showing the MBBS degree along with his name. Though the allegations are serious, I am of the view that, considering the period of detention already undergone from 21.04.2023, further detention is not essential, especially since the investigation is in its final stage.

In view of the above, this application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall appear before the Investigating Officer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.