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