Thiyagarajan v. Tje State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.02.2022

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.2554 of 2022 1.Thiyagarajan 2.Tharmarasu ... Petitioners

Versus

The State represented by The Inspector of Police, Muthupettai Police Station, Thiruvarur District.

(Crime No.44 of 2022) ... Respondent Prayer:- Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioners on bail in the event of their arrest in Crime No.44 of 2022 on the file of the Inspector of Police, Muthupettai Police Station, Thiruvarur District. For Petitioners:

Mr.Swamisubramanian For Respondent :

Mr.N.S.Suganthan, Government Advocate (Crl. Side) *********

O R D E R

The petitioners, who apprehends arrest at the hands of the respondent police for the alleged offences under Section 5 r/w 7(3) of Lotteries Regulation Act 1998 in Crime No.44 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that on 25.01.2022 on secret information the Sub Inspector of Police attached to the respondent police found that the 1st accused in this case was in possession of online Lottery which was banned in Tamil Nadu and thereafter they seized the lottery tickets and arrested the 1st accused in this case and based on his confessional statement the names of the petitioners herein were implicated in this case. Regarding the above the defacto complainant lodged the complaint. Hence this complaint.

3. The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail.

4. The learned Government Advocate (Crl. Side) appearing for the respondent submitted that 2 previous cases pending against the 2nd petitioner. However, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the 1st petitioner with certain conditions and this petition dismissed against the 2nd petitioner.

6. Accordingly, the 1st petitioner is directed to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier, before the learned Judicial Magistrate, Thiruthuraipoondi, Thiruvarur District, on condition that the 1st 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 learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the 1st petitioner is directed to deposit a sum of Rs.

5,000/- (Rupees Five Thousand only) to the credit of the Registered Advocate Clerk Association, Thiruvarur District within a period of two weeks from the date of receipt of a copy of this order and shall produce the said receipt before the Court below. [b] the 1st petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[c] the 1st petitioner is directed to report before the respondent police on every Sunday at 10.30 a.m., until further orders;

[d] the 1st petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] the 1st petitioner shall not abscond either during investigation or trial.

[f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on anticipatory 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 03/02/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, THIRUTHURAIPOONDI, THIRUVARUR DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR DISTRICT.[FOR INFORMATION] 3 THE INSPECTOR OF POLICE, MUTHUPETTAI POLICE STATION, THIRUVARUR DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE REGISTERED ADVOCATE CLERK ASSOCIATION, THIRUVARUR DISTRICT.

CC to M/S.SWAMISUBRAMANIAN Advocate on payment of necessary charges CRL OP.2554/2022 Date :03/02/2022 RW 10/02/2022