Kathiravan v. The Inspector Of Police
A.D.JAGADISH CHANDIRA, J.
The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Section 7(1) of Lotteries Act, 1998 and 506(i) of IPC in Crime No.275 of 2023, seek anticipatory bail.
2. The case of the prosecution is that the petitioners along with another accused were involved in printing of fake lottery tickets and sold the same to the public for their personal gain. Hence, the case.
3. The learned counsel for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case. He would further submit that the first accused was arrested and from him lottery tickets and the printing machines were recovered. Based on the confession of arrested co-accused, the petitioners have been falsely implicated in this case. He would further submit that the petitioners have no previous case against them and A1 who has been arrested and granted bail by the lower court. Hence, he prays to grant anticipatory bail to the petitioners.
4. The learned Government Advocate (Criminal Side) appearing for the respondent would submit that the petitioners along with another accused were involved in printing of fake lottery tickets and sold the same to the public for their personal gain. Hence, he would vehemently oppose to grant anticipatory bail to the petitioners.
5. Heard both sides and perused the materials available on records including the FIR.
6. Taking into consideration the facts and circumstances of the case, and the submissions made by both counsel, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
7. 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 Metropolitan Magistrate Court- IX, Saidapet, Chennai-15 on condition that each of the petitioners shall execute separate bonds 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 petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/trial Court may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; [b] the petitioners shall report before the respondent police every day at 10.30 a.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] 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, 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 petitioners herein thereafter absconds, a fresh FIR can be registered under Section 229-A IPC. Vv 13.06.2023
A.D.JAGADISH CHANDIRA, J.
Vv 13.06.2023