Ramar v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the Eleventh day of February Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice R. PONGIAPPAN CRIMINAL ORIGINAL PETITION No.3366 of 2022 RAMAR [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, SULTHANPETTAI POLICE STATION, COIMBATORE DISTRICT.
CRIME NO.47/2022 For Petitioner : M/S.M.RAJKUMAR SINGH Advocate For Respondent : MR. S.SANTHOSH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offences under section 5, 7(3) Lotteries Regulation Act in Crime No.47 of 2022, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner who is arrayed as Accused No.1, during the relevant point of time, joined with other accused, illegally sold the banned Kerala lottery tickets to the general public. Hence the complaint was registered by the Law Enforcing Agency.
3.The learned counsel appearing for the petitioner would submits that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution. He would further submits he has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner. 4.The learned Government Advocate (Criminal Side) appearing for the respondent police would submits that the banned Kerala lottery tickets which are the material objects for this case are all recovered and the same is in the custody of the respondent police. He further submit that there is no previous cases pending against the petitioner and also submits that the investigation was almost
completed. However, he opposed to grant anticipatory bail to the petitioner.
5. In view of the above submissions made by the learned Counsels appearing for either sides and also considering the fact that the properties which are all necessary for completing the investigation has been recovered from the accused persons, custodial interrogation may not be necessary, hence this Court is inclined to grant anticipatory bail to the petitioner.
6.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, Sulur 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 learned Magistrate concerned and on further condition that:
(a) the petitioner and the sureties shall affix his photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(b) the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of thirty(30) days and thereafter as and when required for interrogation;
(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;
(e) on breach of any of the aforesaid conditions, the 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]; and;
(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 11/02/2022 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, SULUR.
2 THE CHIEF JUDICIAL MAGISTRATE, COIMBATORE DISTRICT (FOR INFORMATION).
3 THE INSPECTOR OF POLICE, SULTHANPETTAI POLICE STATION, COIMBATORE DISTRICT.
4 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.
+1 CC to M/S.THOMAS SARAN SINGH Advocate on payment of necessary charges SR.NO.2350 CRL OP.3366/2022 Date :11/02/2022 INBA~17/02/2022