N.Selvam v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.01.2021
CORAM:
THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.No.20398 of 2020 N.Selvam ... Petitioner/Accused -VsState represented by ... Respondent/Complainant The Inspector of Police, G-1, Madurantakam Police Station Madurantakam - 603 306.
(Crime No.1866 of 2020) Prayer: Criminal Original petition filed under Section 438 of Code of Criminal Procedure praying to enlarge the petitioner on anticipatory bail in event of arrest in Crime No.1866 of 2020 on the file of the respondent police.
For Petitioner : Mr.S.Prabhudoss For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor
ORDER
The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences under Section 7(3) of Lotteries Regulation Act 1998, in Crime No.1866 of 2020, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner and the other accused selling illegal banned lottery tickets. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is innocent and the petitioner has been falsely implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioner.
4. The learned Additional Public Prosecutor would submit that the petitioner was selling banned lottery tickets and on seeing the police he ran away from the scene of occurrence. Hence, he opposed
the grant of anticipatory bail to the petitioner.
5. Taking note of the facts and circumstances and the petitioner had no bad antecedents, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions: [a] the petitioner is directed to be released on bail in the event of his arrest or on his appearance and on further condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties each for the like sum to the satisfaction of the police officer who intends to arrest, failing which the petition for anticipatory bail shall stands dismissed automatically and on further condition that the petitioner shall also give a letter of undertaking before the respondent/police that the said amount has been paid in respect of particular crime number.
[b] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the respondent/police may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
[c] the petitioner shall report before the respondent police as and when required.
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioner shall not abscond either during investigation or trial.
[f] 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 is 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
8. With the above directions, this Criminal Original Petition is ordered.
-sd/- 05/01/2021 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 JUDICIAL MAGISTRATE, MADURANTAKAM.
2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE G-1, MADURANTAKAM POLICE STATION, MADURANTAKAM-603306.
+1 CC to M/S.S.PRABHUDOSS Advocate on payment of necessary charges SR.NO.187 CRL OP.20398/2020 Date :05/01/2021 TA-22/01/2021