Manjunathan v. State Rep By Tis

K.KUMARESH BABU , J.

The petitioners herein seek anticipatory bail in Crime No.217 of 2024 registered by the respondent Police for the offences under Sections 5 & 7 (1) of Lotteries Regulation Act, 1998 r/w Section 420 of Indian Penal Code, 1860.

2. The learned counsel for the petitioner stated that the petitioner is an innocent person and he has been falsely implicated in Crime No.217 of 2024 registered by the respondent Police for the offences under Sections 5 & 7

(1) of Lotteries Regulation Act, 1998 r/w Section 420 of Indian Penal Code, 1860. Thus, he seeks anticipatory bail to the petitioners.

3. The learned Government Advocate (Criminal side) stated that, on 24.04.2024 at about 8.00 hrs, the respondent found the petitioner along with the other accused selling banned lottery tickets. But, on seeing the police, the petitioner escaped from the place and the respondent police were able to secure the other accused from whom, 10 nos. of lottery tickets were seized. However, he submitted that there is no previous case against the petitioner. Thus, he prays for dismissal of this petition.

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4. Taking all the factors into consideration, I am inclined to grant anticipatory bail to the petitioner with certain conditions. 5.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 Judicial Magistrate, Ambur, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten 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 everyday at 10.30.a.m., for a period of two weeks and thereafter, as and when required for interrogation;

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[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;

09.05.2024 vsn 3/4

K.KUMARESH BABU , J.

vsn 09.05.2024 4/4