Sekar v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.11.2021

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.21951 of 2021 Sekar .. Petitioner Vs.

State by The Inspector of Police Royakottai Police Station, Krishnagiri District.

(Crime No.331 of 2021) ... Respondent Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., prayed to grant anticipatory bail to the petitioner in the event of his arrest in Crime No.331 of 2021 pending investigation on the file of the respondent police.

For Petitioner : Mr.M.Jayachandran For Respondent : Mr.N.S.Suganthan Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for an alleged offence under Section 5 r/w 7 (1) of Tamilnadu Lotteries Regulation Act and under Section 420 of IPC in Crime .No.331 of 2021, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner along with other accused persons were found selling banned lottery tickets. Hence, the complaint was registered.

3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. However, on instructions, the learned counsel further submits that the petitioner, on his own volition, is ready and willing to contribute a

sum of Rs.5,000/- to the credit of the Registered Advocates Clerks Association, Krishnagiri District that may be imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl.Side) submits that petitioner along with other accused persons were found selling banned lottery tickets. Hence, he vehemently opposed for grant of anticipatory bail to the petitioner.

5.Considering the facts and circumstances of the case and also considering the submissions made by the both counsel and also the fact that the petitioner has willfully and on his own volition agreed to contribute a sum of Rs.5,000/- for charitable purpose, 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 of receipt of a copy of this order, before the learned District Munsif-Cum-Judicial Magistrate, Denkanikottai on condition that the petitioner shall execute a 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 and on further condition that: [a] the petitioner is directed to deposit a sum of Rs.5,000/- (Rupees Five thousand only) to the Registered Advocates Clerks Association, Krishnagiri District, within a period of two weeks from the date of receipt of a copy of this order and shall produce the said receipt before the Court below.;

[b] 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.

[c] the petitioner is directed to report before the respondent police on every wednesday at 10.30 a.m., for a period of four weeks and thereafter as and required for interrogation; [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 has 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]; [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 22/11/2021 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 DISTRICT MUNSIF-CUM JUDICIAL MAGISTRATE, DENKANIKOTTAI.

2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI DISTRICT. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, ROYAKOTTAI POLICE STATION, KRISHNAGIRI DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE REGISTERED ADVOCATES CLERKS ASSOCIATION, KRISHNAGIRI DISTRICT.

+1 CC to M/S.M.JAYACHANDRAN Advocate on payment of necessary charges SR.NO.13373 CRL OP.21951/2021 Date :22/11/2021 RW 30/11/2021