Veerasamy v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 17.02.2021 CORAM :
THE HON'BLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.No.3022 of 2021
1. Veerasamy
2. Sudhakar ... Petitioners Vs.
The State Rep. by The Inspector of Police, Muthupettai Police Station, Tiruvarur District.
(Crime No.148 of 2021 ) ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.148 of 2021 pending investigation on the file of the Respondent. For Petitioner : Mr. N. Palanivel For Respondent : Mrs.M. Prabhavathi, APP
O R D E R
(The case has been heard through video conference) Petitioners, who were arrested and remanded to judicial custody on 24.01.2021 for the offence punishable under Section 5 r/w. 7(3) of Lotteries Regulation Act in Crime No.148 of 2021, seeks bail.
2. Totally, there are 3 accused and the petitioners are A1 and A2. The case of the prosecution is that the petitioners along with other accused were found illegally selling banned lotter tickets of Kerala State.
3. The learned counsel for the petitioners would submit that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he seeks bail to the petitioners.
4. The learned Additional Public Prosecutor appearing for the respondent would submit that there is no previous case pending as against these petitioners. Hence, she opposed to grant bail to the petitioners.
5. Considering the said facts and circumstances of the case and and also the fact that there is no previous case pending as against these petitioners and also considering the period of incarceration suffered by the petitioners, this Court is inclined to grant bail to the petitioners subject to the following conditions:
(a) Accordingly, the petitioners are ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only)each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Thiruthuraipoondi, and on further conditions that:
(b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity; (c) the petitioners shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation.
(d) the petitioners shall not commit any offences of similar nature;
(e) the petitioners shall not abscond either during investigation or trial;
(f) the petitioners shall not tamper with evidence or witness either during investigation or trial;
(g) on breach of any of the aforesaid conditions, the learned Judicial 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 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];
(h) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
6. With the above directions, this Criminal Original Petition is ordered.
-sd/- 17/02/2021 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 2 THE CHIEF JUDICIAL MAGISTRATE TIRUVARUR(FOR INFORMATION) 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE MUTHUPETTAI POLICE STATION, TIRUVARUR DISTRICT.
5 THE OFFICER INCHARGE, DISTRICT JAIL, NAGAPATTINAM CC to M/S.N.PALANIVEL Advocate on payment of necessary charges Sr.1782 CRL OP.3022/2021 Date :17/02/2021 RVR 18/02/2021