Chandrasekar. M v. Inspector Of Police
A.D.JAGADISH CHANDIRA, J.
The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Section 7(3) of the Lotteries (Regulation), Act 1998, in Crime No.62 of 2023, seeks anticipatory bail.
2. The case of the prosecution is that on 18.03.2023 at about 03.45, the Sub Inspector of Police along with his police party went to Ranganathan Street, T.Nagar, for inspection and on seeing the police one person started to run away. The police chased and caught hold of him and on enquiry, they came to know that his name was Kaliselvam and by using whatsapp, he was selling Kerala and Bhutan Lottery Tickets in Tamil Nadu which were banned by the 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 been falsely implicated in this case based on the confession given by the arrested accused. He further
submitted that the arrested accused has been enlarged on bail. Hence, he prayed for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) would submit that the petitioner/A3 along with other accused sold banned lottery tickets through Whatsapp. He further submitted that there is no previous case against the petitioner. However, he vehemently opposed to grant anticipatory bail to the petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the above facts and circumstances of the case and the submissions made on both sides and the fact that the co-accused has been enlarged on bail and there is no previous case against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
7. Accordingly, 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 XVII Metropolitan Magistrate, Saidapet, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten 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, 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 his Aadhar card or Bank pass Book to ensure their identity.
[b] the petitioner shall report before the respondent police everyday 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.
12.04.2023 ksa-2
A.D.JAGADISH CHANDIRA, J., ksa-2 12.04.2023