Masthan v. State Rep By, The Sub Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 24.01.2025
CORAM
THE HONOURABLE Mr. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.183 of 2025 Masthan ....
Petitioner Vs State rep. by The Sub Inspector of Police, Thirupalaivanam Police Station, Tiruvallur District.
(Crime No.261 of 2024) ....
Respondent Prayer: Criminal Original Petition is filed under Section 482 of of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner on bail in the event on his arrest in connection with Crime No.261 of 2024 on the file of the respondent Police. For Petitioner :
Mr.Sasikumar R For Respondent :
Mr.Santhosh Government Advocate (Crl.Side)
ORDER
Apprehending arrest in connection with Crime No.261 of 2024 registered for the offences punishable under Section 7(3) of Lotteries Regulation Act, 1998, r/w Sections 112, 336, 318 of the BNS, 2023, the present petition has been filed seeking anticipatory bail.
2. Pleading innocence on the part of the petitioner, false 1/4
implication in the case, learned counsel for the petitioner seeks indulgence of this Court. He would submit that the petitioner is an innocent person and has nothing to do with the allegations made in the complaint. He would submit that the petitioner is ready to abide by any stringent condition that may be imposed by this Court.
3. The case of the prosecution as putforth by the learned Government Advocate (Crl. Side) appearing for the respondent Police, opposing for grant of anticipatory bail, is that on 26.12.2024, based on the secret information about some unknown persons running a online lottery shop, the respondent police conducted an inspection and arrested one person viz., Sahul Ameed. Based on the confession statement given by the arrested person, the petitioner's name was included in the case. He further submitted that the petitioner has no previous cases pending against him.
4. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent and perused the materials available on record.
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5. Considering the facts and circumstances of the case and also considering the submissions made by the learned counsel for the petitioner, this Court is of the view that the petitioner may be granted bail. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Ponneri, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties, each for a like sum to the satisfaction of the respondent Police or the Police officer who intends to arrest or to the satisfaction of the said Magistrate, on further condition that:
[a] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;
[b] the petitioner shall report before the respondent Police everyday at 06.30 p.m., until further orders. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial; [d] the petitioner shall not abscond either during investigation or trial;
A.D.JAGADISH CHANDIRA, J, [e] On breach of any of the aforesaid conditions, the 3/4
learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
24.01.2025 Index : Yes/No Internet : Yes/No Lpp To 1.The Sub Inspector of Police, Thirupalaivanam Police Station, Tiruvallur District.
2.The Public Prosecutor, High Court, Madras.
Crl.O.P.No.183 of 2025 4/4