Madras HC has ordered a Doctor to hoist the National Flag for one week

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction )

Wednesday, the Thirtieth day of August Two Thousand Seventeen

PRESENT The Hon`ble Mr Justice P. N. PRAKASH

CRIMINAL ORIGINAL PETITION No.17182 of 2017

DR.A.KENNEDY,                         [ PETITIONER / ACCUSED ]

 Vs

THE STATE REP BY                    [ RESPONDENT ]

INSPECTOR OF POLICE, AMBUR TOWN POLICE STATION,

VELLORE DISTRICT CR.NO.396 OF 2017.

For Petitioner : M/S.A.ANUSUYA

Advocate For Respondent : MR. C.EMALIAS, ADDL. PUBLIC PROSECUTOR,

PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

ORDER : The Court Made the following order :-

     The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 2 of Prevention of Insult to National Honour Act 1971 in Crime No.396 of 2017, seeks anticipatory bail.

2. This petitioner is working as the Chief Medical Officer in the Government Hospital, Ambur. On the last independence day [15.08.2017], the local MLA hoisted the National Flag at Ambur Government Hospital and when the National Anthem was being sung, this petitioner was speaking on his mobile. This was captured by some one and the video clippings went viral. Hence, on the complaint lodged by Suresh Babu, the respondent police have registered a case in Crime No.396 of 2017 on 17.08.2017 for the offence under section 2 of Prevention of Insult to National Honour Act 1971.

3. The learned counsel for the petitioner submitted that the petitioner received an urgent call from DMS office which he had attended and that he did not mean to insult the National Flag or the Anthem. Be that as it may.

4. Taking into consideration the nature of allegations against the petitioner, this Court is inclined to grant anticipatory bail since custodial interrogation may not be required. Bar & Bench

5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Ambur on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties, out of whom, one shall be a blood related surety, 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 Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner shall hoist the National Flag every day at 10.00 a.m. for one week at the Government Hospital, Ambur and salute the flag and sing National Anthem and the respondent police is directed to monitor this and send a report to the Judicial Magistrate Ambur.

[c] The petitioner shall report before the respondent police as and when required for interrogation.

[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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

                                                                                                         -sd/-

                                                                                                  30/08/2017

This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY

Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO

1 THE JUDICIAL MAGISTRATE, AMBUR.

2 THE CHIEF JUDICIAL MAGISTRATE VELLORE. [FOR INFORMATION]

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE STATE REP BY INSPECTOR OF POLICE, AMBUR TOWN POLICE STATION, VELLORE DISTRICT

5 THE GOVERNMENT HOSPITAL, AMBUR.

Courtesy:Bar & Bench (www.barandbench.com) :https://barandbench.com/madras-hc-ordered-doctor-hoist-national-flag-one-week/