Samiulla v. Inspector Of Police
RMT.TEEKAA RAMAN,J.
The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Section 4(3) of Tamil Nadu Gaming Act, 1930, r/w Section 420 of IPC, in Crime No. 319 of 2023, on the file of the respondent, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner along with other accused were indulged in cotton Gambling in the place of occurrence, when the Police Officials went to the place of occurrence and attempted to apprehend them, they have intimidated the Police Officials and prevented them from discharging his official duty. Hence the complaint.
3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that co-accused in this case was already arrested by the respondent police. He would further
submit that the petitioner is ready to abide by any condition imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl. Side) would submit that the petitioner along with other accused were indulged in gambling in the place of occurrence, when the Police Officials went to the place of occurrence and attempted to apprehend them, they have intimidated the Police Officials and prevented them from discharging his official duty. He would further submit that there is no previous case pending as against the petitioner. However, he opposed for grant of anticipatory bail to the petitioner.
5. Taking into consideration the facts and circumstances and taking note of the fact that the petitioner has no previous case pending against him, I am inclined to grant anticipatory bail to the petitioner subject to the following conditions:
6. Accordingly, the petitioner shall make a non-refundable deposit of Rs.1,000/- (Rupees One Thousand only) to the credit of Tamil Nadu Advocate Clerk Association, High Court Madras, Indian Bank, High Court Branch, A/c.No.484026006 IFSC.No. IDIB000M157, and on such deposit, the petitioner is ordered 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 Judicial Magistrate, Vaniyambadi, 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, 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 make a non-refundable deposit of Rs.1,000/- (Rupees One Thousand only) to the credit of Tamil Nadu Advocate Clerk Association, High Court Madras, Indian Bank, High Court Branch, A/c.No.484026006 IFSC.No. IDIB000M157. [c] the petitioner shall report before the respondent police every day at 10.30 a.m., until further orders.
[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 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 abscond, a fresh FIR can be registered under Section 229A IPC.
30.08.2023 ata
RMT.TEEKAA RAMAN,J.
ata 30.08.2023