P.Prabhu v. The State Rep By Its,

A.D. JAGADISH CHANDIRA, J.

The petitioners/A2 & A5, who apprehend arrest for the alleged offences under Sections 353, 120(B), 420 IPC and Sections 5, 7(3) Lotteries Regulation Act and Section 66-D of Information Technology Act, in Crime No. 61 of 2023 on the file of the respondent Police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners/A2 & A5 and other accused had sold illegally three Number Lotteries and Kerala State Lotteries by using SKODA Car. Hence the complaint.

3. The learned counsel for the petitioner would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. However, on instructions, the learned counsel further submits that the petitioner, on his own volition, is ready and willing to contribute some amount to any charitable trust that may be imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioners. 1/4

4. The learned Government Advocate (Criminal Side) would submit that there is no previous case pending against the petitioners. However, he opposed for grant of anticipatory bail to the petitioners.

5. Heard both sides and perused the materials available on record.

6. Taking into consideration the facts and circumstances of the case and also the submission of both sides, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate-I, Coimbatore, on condition that each of the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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: 2/4

[a] the petitioners 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. [b] the petitioners are directed to deposit a sum of Rs.5,000/- each (Rupees Five Thousand Only) to the Registered Advocate Clerks Association, Chennai, 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.

[c] the petitioners shall appear before the respondent police as and when required for interrogation.

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

[e] the petitioners 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 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

06.03.2023 msm 3/4

A.D. JAGADISH CHANDIRA, J.

msm Crl.O.P.No.4625 of 2023 06.03.2023 4/4