Seinivasan @ Udayanseni v. State Rep. Bythe Inspector Of Police

RMT.TEEKAA RAMAN , J.

The petitioner/A1 who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 7(1) and (3) of the Lotteries (Regulation) Act, 1998 r/w 420 of Indian Penal Code 1860 in Crime No.200 of 2023, seeks anticipatory bail.

2. The case of the prosecution is that on the routine check up conducted nearby Settimakurichi, the defacto complainant who is the Sub Inspector of Police, found the petitioner/A1 along with A2, selling banned Kerala Lottery tickets and thereby committed offence and hence, the complaint.

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. Therefore, he prays for grant of bail to the petitioner.

4.The learned Government Advocate (Crl. Side) appearing for the respondent Police would submit that co-accused/A2 in this case, was arrested and subsequently, released on bail and there is no previous case as against this petitioner/A1, however, he vehemently opposed for grant of anticipatory bail to the petitioner.

5.Taking into consideration the facts and submissions of the learned Counsel and also the fact that the co-accused/A2 has been enlarged on bail, this Court is inclined to grant anticipatory bail to the petitioner herein (A1) subject to the 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 made ready, before the learned District Magistrate Cum Judicial Magistrate, Edappadi, 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 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 three weeks and thereafter, as and when required.

[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 RMT.TEEKAA RAMAN , J.

ars 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;

08.08.2023 ars