Kanthamalai@Vivekanandan v. The State Of Tamilnadu Represented By

IN THE HIGH COURT OF JUDICATURE OF MADRAS

DATED : 09.06.2020

CORAM

THE HONOURABLE MR.JUSTICE.N.ANAND VENKATESH Crl.O.P.No. 8299 of 2020 Mr. Kanthamalai @ Vivekanandan ... Petitioner vs.

State rep. By The Inspector of Police Velampalayam Police Station, Tiruppur City.

(Crime No.276 of 2020) ... Respondent Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C. to enlarge the petitioner on bail in the event of his arrest in Cr.No.276 of 2020 on the file of the Inspector of Police, Velampalayam Police Station, Tiruppur District.

For Petitioner : Mr.P. Mahesh Kumar For Respondent : Mr. M. Mohammed Riyaz Additional Public Prosecutor

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 5 and 7(1) of the Tamil Nadu Lotterries Regulation Act, 1998 in Crime No.276 of 2020 on the file of the respondent police, seek anticipatory bail. 2.

The case of the prosecution is that the petitioner along 1/4

with A2 were indulged in the illegal activity of selling on-line lottery. 3.

The learned counsel for the petitioner submitted that the A2 was arrested by the respondent Police and based on the confession of A2, the present petitioner has been added as A1 in this case. The learned counsel further submitted that there are no other materials against the petitioner.

4.

Mr.Mohammed Riyaz, learned Additional Public Prosecutor appearing on behalf of the respondent, submitted that the petitioner was indulging himself with the other accused persons in selling online lottery. The learned counsel submitted that there is no previous case pending against this petitioner.

5.

Taking into consideration the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 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 learned Judicial Magistrate III, Tiruppur, on condition that the petitioner shall execute a bond for a sum of Rs.5,000/- (Rupees Five thousand only) each 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 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. 2/4

[b] the petitioners are directed to appear before the respondent police, as and when required.

[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 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 persons thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

09.06.2020 mp/rka 3/4

N.ANAND VENKATESH.,J mp/rka Crl.O.P.No.8299 of 2020 09.06.2020 4/4