Mohammed Aribu v. The State Rep By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Monday, the Eleventh day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.8032 of 2022 MOHAMMED ARIBU [ PETITIONER / ACCUSED ] Vs THE STATE REP BY, [ RESPONDENT ] THE INSPECTOR OF POLICE, THIRUVARUR TOWN POLICE STATION, THIRUVARUR DISTRICT.
CRIME NO.1210 OF 2021 For Petitioner : M/S.B.JAWAHAR 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 offence under Section 7(3) of Lotteries Regulation Act and Section 420 of I.P.C., in crime No.1210 of 2021, seeks anticipatory bail.
2. The case of the prosecution is that, based on the secret information received about online Lottery business by the respondent police, they enquired one Saravanan. Based on his statement, it was found that, he was doing the online lottery business by appointing several sub-agents for him to do the said business. The petitioner herein is arrayed as 21st accused.
3. The Learned Government Advocate (Crl.side) for the respondent police state that, the petitioner name is not found in the F.I.R and if there is any material implicating the petitioner in crime, if come to the knowledge of the Investigating Officer, the petitioner will be called for enquiry.
4. Recording the same, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Mannargudi, on condition that, the petitioner shall execute a bond
for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties 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 their 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 appear before the Investigating Officer, as and when required for interrogation and participate in the investigation, if cooperate with the investigation and no cognizable offence made out against him.
(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 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]; and;
(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 11/04/2022 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, MANNARGUDI
2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR(FOR INFORMATION) 3 THE INSPECTOR OF POLICE, THIRUVARUR TOWN POLICE STATION, THIRUVARUR DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.B.JAWAHAR Advocate on payment of necessary charges Sr.5609 CRL OP.8032/2022 Date :11/04/2022 RVR 19/04/2022