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2019 Supreme(Online)(KER) 3214

HIGH COURT OF KERALA
MOHANAN NAIR @ MOHANAN VAIDYAR – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
['P SAMSUDIN', '', 'M ANUROOP', 'S K SREELAKSHMY']

The petitioner herein has been arrayed as the sole accused in the

instant Crime No.2344/2019 of Kayamkulam Police Station which has

been registered for the offences punishable under Secs.304A and 336 of

the IPC and Sec.37 of the Medical Practitioners Act, 1963. It is submitted

by Sri. P.Samsudin, learned counsel appearing for the petitioner that

though offences as per Secs.336 and 304A of the IPC are bailable

offences, going by the prescriptions in the Schedule I of the Cr.P.C.

Further that, there is no enactment called as the Medical Practitioners

Act, 1963 and that it appears that the Police would have meant

provisions contained in Travancore-Cochin Medical Practitioners Act,

1953 and Sec.37 thereof does not deal with any offence and only deal

with regulations framing power and that Sec. 38 thereof deal with

persons not registered under the said Act shall not practice etc. and

Sec.39 thereof provides the penalty for contravention of Sec.38 of the

Travancore-Cochin Medical Practitioners Act, 1953. That Sec.39 thereof

stipulates that any contravention of Sec.38 shall, on conviction be

punishable with fine to an extend of Rs.100/- for the first offence and

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