The Madras High Court has granted anticipatory bail to a doctor on the condition that he hoists the National Flag for one week..Dr. A Kennedy of the government hospital at Ambur was booked under Section 2 of Prevention of Insults to National Honour Act, 1971, after he was spotted speaking on his mobile phone when the National Anthem was being played during the recent Independence Day celebrations at the hospital..A video capturing Dr. Kennedy in the act had gone viral, sparking outrage and prompting the police to file a case against him. Faced with the prospect of serving a sentence of up to three years in jail, the doctor filed a petition for anticipatory bail at the High Court..Appearing for the petitioner, Advocate A Anusuya argued before the Court that the doctor had received an urgent call from the DMS office, and that he had no intention of insulting the National Flag or the National Anthem..Justice PN Prakash was inclined to grant anticipatory bail to the doctor, subject to certain conditions..Apart from executing a bond for Rs. 10,000 with two sureties, the doctor is required to hoist the National Flag and sing the National Anthem at the hospital at 10 am every day. The police have been directed to monitor the same and send a report to the Judicial Magistrate..Further, the doctor is required to report to the police for interrogation as and when required and has been directed not to abscond or tamper with evidence during the investigation and trial..Justice Prakash also noted that the bail was liable to be cancelled by the trial court/magistrate should the aforementioned conditions not be complied with, as was held by the Supreme Court in PK Shaji v. State of Kerala. Moreover, if the doctor absconds, a fresh FIR can be registered under Section 229-A IPC..Read the order:
The Madras High Court has granted anticipatory bail to a doctor on the condition that he hoists the National Flag for one week..Dr. A Kennedy of the government hospital at Ambur was booked under Section 2 of Prevention of Insults to National Honour Act, 1971, after he was spotted speaking on his mobile phone when the National Anthem was being played during the recent Independence Day celebrations at the hospital..A video capturing Dr. Kennedy in the act had gone viral, sparking outrage and prompting the police to file a case against him. Faced with the prospect of serving a sentence of up to three years in jail, the doctor filed a petition for anticipatory bail at the High Court..Appearing for the petitioner, Advocate A Anusuya argued before the Court that the doctor had received an urgent call from the DMS office, and that he had no intention of insulting the National Flag or the National Anthem..Justice PN Prakash was inclined to grant anticipatory bail to the doctor, subject to certain conditions..Apart from executing a bond for Rs. 10,000 with two sureties, the doctor is required to hoist the National Flag and sing the National Anthem at the hospital at 10 am every day. The police have been directed to monitor the same and send a report to the Judicial Magistrate..Further, the doctor is required to report to the police for interrogation as and when required and has been directed not to abscond or tamper with evidence during the investigation and trial..Justice Prakash also noted that the bail was liable to be cancelled by the trial court/magistrate should the aforementioned conditions not be complied with, as was held by the Supreme Court in PK Shaji v. State of Kerala. Moreover, if the doctor absconds, a fresh FIR can be registered under Section 229-A IPC..Read the order: