Anil Bhandari v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 11.01.2021 CORAM :

THE HON'BLE MR. JUSTICE V. BHARATHIDASAN Crl.O.P.No.18349 of 2020 Anil Bhandari ... petitioner Vs.

State Rep. by ... Respondent The Inspector of Police, C-2, Elephant Gate Police Station, Chennai.

(Crime No.915 of 2020) PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge Bail to the petitioner in the event of his arrest in Crime No.915 of 2020 pending investigation on the file of the respondent.

For Petitioner : Mr.K.Kannan For Respondent : Mr.S.Karthikeyan Addl. Public Prosecutor

ORDER

(The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 341, 294(b) 506(i) of IPC and Sections 7(1) (a) Criminal Law Amendment Act, 1972, City Police Act and Section 4 of Tamil Nadu Prize Schemes (Prohibition) Act, 1979, in Crime No.915 of 2020, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner is running a Textile Business in Godown Street and some persons, who are named in the First Information Report are conducting bet in the IPL 20-20 Match. Even in the last year, they conducted bet in the IPL Match. On the inducement made by the said persons, the defacto complainant also participated in the bet conducted by them in the last year and lost a huge amount. Hence, the complaint was registered.

3. The learned counsel for the petitioner submitted that a false case has been foisted against the petitioner and he has

nothing to do with the alleged offence. He further submitted that co-accused has already been arrested and released on bail. Hence, he prays for grant of anticipatory bail to the petitioner .

4. The learned Additional Public Prosecutor submitted that there are so many cases pending against the petitioner. He further submitted that co-accused has already been arrested and released on bail.

5. Taking into consideration the facts and circumstances of the case and also the co-accused has already been arrested and released on bail, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. 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 is made ready, before the learned VIII Metropolitan Magistrate Court, George Town, Chennai, on condition that each of the petitioner shall execute a separate 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 daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation. [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 abscond, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 11/01/2021 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 VIII METROPOLITAN MAGISTRATE COURT, GEORGE TOWN, CHENNAI.

2 THE CHEIF METRTOPOLITAN MAGISTRATE, EGMORE [FOR INFORMATION].

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, C-2, ELEPHANT GATE POLICE STATION, CHENNAI.

+1 CC to M/S. K.KANNAN Advocate on payment of necessary charges SR NO. 414 CRL OP.18349/2020 Date :11/01/2021 MN-22/01/2021