Issuing false medical certificates for leave is an offence, says HC

Issuing false medical certificates for leave is an offence, says HC

19/11/2021

Staff Reporter Madurai

Coming across a case where a false medical certificate was issued by a doctor to a person who was facing serious allegations, the Madurai Bench of the Madras High Court observed that doctors were issuing such certificates for the purpose of leave without realising that it was an offence.

Justice B. Pugalendhi observed that the court respected doctors and it relied on the medical certificates issued by them for taking certain decisions. If such false certificates were being issued, the court would not be in a position to rely on them, the judge said. It was the duty of Tamil Nadu Medical Council to eradicate such an impression created by some doctors and take appropriate action to ensure that doctors did not indulge in such activities, the court said.

The court was hearing the anticipatory bail petition filed by Gopinath of Thanjavur district. He was in possession of 1.20 kg of ganja. He was arrested by the police and then remanded in judicial custody in February.

However, considering the COVID-19 pandemic, the petitioner was granted interim bail by a special court and was asked to surrender after a month in March. He failed to surrender before the court concerned. A warrant of arrest was issued.

He then filed a plea seeking anticipatory bail before the High Court. He said that he suffered a fracture in his leg. He also produced certain medical records. It was said that the petitioner had obtained the certificate stating that it was for the purpose of seeking leave.

After ascertaining the fact that the medical certificate was false and the doctor had only issued it for the purpose of leave, the court recommended that appropriate action be initiated against the doctor, C. Balaji.