Saravanan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.12.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.19400 of 2020 Saravanan ... Petitioner

Versus

State Rep.by ... Respondent The Station House Officer, Cuddalore New Town Police Station, Cuddalore District.

(Crime No.1209 of 2020) Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge the petitioner on bail in the event of his arrest in connection with Crime No.1209 of 2020 on the file of the respondent police.

For Petitioner : Mr.K.Gandhi kumar For Respondent : Mr. M. Mohamed Riyaz, Additional Public Prosecutor

ORDER

(The case has been heard through video conference) The petitioner, who apprehend arrest for the alleged offence under Sections 4-A & 8 of the Tamil Nadu Gambling Act and Section 133 of IPC, in Crime No.1209 of 2020 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution as unfolded from the complaint of the de-facto complainant Ezhildasan, Sub-Inspector of Police is that he received secret information that some persons are playing cards (Mangatha) in Vijay Surya Hotel (Lodge) at Manjakuppam, Cuddalore. When the defacto complainant along with his men entered the hotel premises, the accused persons have escaped. However, the defacto complainant recovered a sum of Rs.2,04,810/-, 3 set of playing cards, two wheeler and 8 mobile phone. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent person and he has been falsely implicated in this case based on the confession statement of other co-accused. The petitioner was in fact called upon to execute a

bond by the respondent police under Section 110 of Criminal Procedure, but he refused, therefore, he was falsely implicated as an accused in this case. He would further submitted that the petitioner never indulged in any such offence as alleged by the prosecution. It is further stated that the petitioner is also prepared to deposit some amount to show his bonafide without prejudice to his right in the case. Hence, he prays for the grant of anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent police submitted that there are seven accused in this case. A sum of Rs.2,04,810/- has been recovered. The petitioner is a history sheeter against whom a murder case is pending. Therefore, he vehemently opposed for grant of bail to the petitioner.

5.Taking into consideration of the voluntary submission made by the petitioner offering to donate/pay considerable amount to any charitable organization or association, this Court is of the opinion that the petitioner shall be directed to make a payment/donation of a sum of Rs.20,000/- (Rupees Twenty Thousand only) to Don Bosco Anbu Illam, Social Service Society, A/c.0042053000006317, IFSC Code:SIBL0000042, South Indian Bank, George Town Branch and on such payment and production of proof, the petitioner is directed to be released on bail in the event of his 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 the Learned Judicial Magistrate No.II, Cuddalore, on condition that the petitioner shall execute a bond for a sum of Rs.

[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, every Monday at 10.30 am., 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 abscond, a fresh FIR can be registered under Section 229A IPC.

-sd/- 10/12/2020 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 JUDICIAL MAGISTRATE NO.II, CUDDALORE.

2 THE CHIEF JUDICIAL MAGISTRATE CUDDALORE. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE STATION HOUSE OFFICER, CUDDALORE NEW TOWN POLICE STATION, CUDDALORE DISTRICT.

5 THE DON BOSCO ANBU ILLAM, SOCIAL SERVICE SOCIETY, A/C.0042053000006317, IFSC CODE:SIBL0000042, SOUTH INDIAN BANK, GEORGE TOWN BRANCH.

+1 CC to M/S K.GANDHI KUMAR Advocate on payment of necessary charges SR.NO.8079 CRL OP.19400/2020 Date :10/12/2020 TA-21/12/2020