Praba @ Prabakaran v. Inspector Of Police
A.D.JAGADISH CHANDIRA, J.
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 5 and 7(3) of the Lotteries (Regulation) Act, 1998 in Crime No.81 of 2023, seeks anticipatory bail.
2. The case of the prosecution is that on 25.02.2023 based on the secret information received by the respondent police, they found that the petitioner was selling 13 lottery tickets, which was prohibited by Tamil Nadu Government. Hence the case.
3. The learned Counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner without prejudice to his contention, is prepared to deposit an amount of Rs.5,000/- towards any charitable organization or association or any Welfare Scheme of the Government. He would also submit that the
petitioner is ready and willing to furnish solvent sureties and to abide by any stringent condition that may be imposed on him. Hence, he prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) for the respondent would submit that the petitioner was found in possession of 13 banned lottery tickets. He would further submit that there is one previous case pending as against the petitioner. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.
5. Taking into consideration the facts and circumstances of the case, the submissions made by Counsel on either side and also taking note of the fact that the petitioner has prepared to deposit a sum of Rs.5,000/- to any charitable organization or association or any welfare scheme of the Government, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is directed to deposit a sum of Rs.5,000/- (Rupees Five Thousand only) by way of Demand Draft/RTGS/NEFT to the "Dean/Medical Officer, Government Head Quarters Hospital, Cuddalore District", without prejudice to his rights and contentions before the trial Court, on such deposit and production of proof, 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 on which the order copy made ready, before the learned Judicial Magistrate No.I, Cuddalore, on condition that the petitioner 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:
[a] the 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.
[b] the petitioner shall report before the respondent police every day at 10.30 a.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;
[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];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC; 16.03.2023 arb A.D.JAGADISH CHANDIRA, J.
arb
16.03.2023