BAIL APPL No. 3913 of 2012 · Kerala High Court
Case at a glance
- Bench
- N K BALAKRISHNAN
Provisions considered
Judgment
N.K.BALAKRISHNAN, J.==================B.A.No. 3913 of 2012=========================Dated this the 3rd day of July, 2012ORDERPetitioner is the first accused in Crime no.264/2012of Viyyur police station, Thrissur district. The offences alleged against him and other accused are under Secs.25,82, 83 and 95 r/w 81 of Mental Health Act, 1987 and also under Secs.143, 188, 419, 420, 120b r/w 149 of IPC.Apprehending arrest, this application is filed for anticipatory bail. It is stated that other accused persons were already granted bail.
No crime can be registered under Sec.188 ofIPC. Cognizance of an offence under Sec.188 of IPC can be taken only based on a complaint by the officer concerned in view of Sec.195(1) of Cr.P.C. It is also not known how Sec.143 of IPC has been invoked, learned counsel for the petitioner submits. B.A.No.3913/2012 : 2 :
The prosecution contends that an unauthorized mental health centre is being conducted by the petitioner without obtaining any licence and also without complying with the provisions of the Mental Health Act. Learnedcounsel for the petitioner submits that Sections of offences under Mental Health Act quoted in the FIR arebailable offences.
The prosecution also contended that the petitioner was conducting an unauthorized institute and committed cheating by collecting money from others. This allegation is stoutly resisted by the learned counselfor the petitioner. It is pointed out that the petitioner'sdaughter Prasanna Gokuldas, who is also arrayed as an accused, is an Ayurvedic Doctor, who had obtainedB.A.M.S. Degree. Annexure A3 is the copy of the certificate obtained by her. It is stated that a Yoga Centrein the name “Pathanjali Yoga Centre” is being run by the petitioner for which no licence under the Mental HealthAct is required. It was being run in his residential B.A.No.3913/2012 : 3 :building and subsequently it was shifted to the present place called 'Mulankunnathukavu'. Yoga and life style centre is known and described as 'Thapodhyan Ashram'.The learned counsel for the petitioner submits that the functioning of the trust is to provide food and shelter and holistic healing to people who required such treatment for lifestyle deceases. The petitioner was not running any mental health centre. It is further submitted that the persons who underwent yoga and holistic healing had sent letters by way of feedback stating the complete relief or cure. It is also stated that there was no complaint from any corner that the Ashram had cheated anybody or collected any amount.
Considering all the aspects, the following directions are issued :-In the event of arrest, the petitioner shall be released on bail on his executing a bond for Rs.20,000/-(Rupees Twenty Thousand only) each with two solvent sureties each for the like amount to the satisfaction of the B.A.No.3913/2012 : 4 :officer obtaining the bond as above. If not arrested, the petitioner will surrender before the learned Magistratehaving jurisdiction within 10 days from this date and will seek regular bail. The learned Magistrate will grant bail to the accused on his executing a bond for Rs.20,000/-and on such other conditions the learned Magistrate may deem fit to impose.N.K.BALAKRISHNAN, JUDGEdas
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