Jaffar Ahamed v. State By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Sixth day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.7992 of 2022 1 JAFFAR AHAMED [ PETITIONERS / ACCUSED ] 2 IRFAN Vs STATE BY [ RESPONDENT ] THE INSPECTOR OF POLICE, RATHINAGIRI POLICE STATION, RANIPET DISTRICT.
(CRIME NO.60 OF 2022) For Petitioner : M/S.THIRUMOORTHY 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 petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 12 of TN Gaming Act r/w. Section 353 of IPC in Crime No.60 of 2022, on the file of the respondent police, seek anticipatory bail. 2.
The petitioners herein were involved in gambling in a public place, when the police team tried to apprehend them, they pushed the de facto complainant and fled from the scene of occurrence. 3.
Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
4.
Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Arcot, Ranipet District, on condition that each of the petitioners shall execute seperate bond for a sum of Rs.50,000/- (Rupees Fifty thousand Only) each, with two
sureties, each for a like sum to the satisfaction of the learned Magistrate, failing which the anticipatory bail shall stand canceled and on further condition that:
(a) the petitioners 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 petitioners shall report before the Investigation Officer twice daily at 10.00 a.m. and 05.00. p.m. until further orders;
(c) the petitioners shall not tamper with evidence or witness either during investigation or trial;
(d) the petitioners 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 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]; and; (f) if the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 06/04/2022 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, ARCOT, RANIPET DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE VELLORE DISTRICT [FOR INFORMATION]
3 THE INSPECTOR OF POLICE, RATHINAGIRI POLICE STATION, RANIPET DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1CC to M/S.S.P.ARTHI Advocate on payment of necessary charges SR.No.5328 CRL OP.7992/2022 Date :06/04/2022 CSK 12/04/2022