Manavalan v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 29.11.2021
CORAM
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.22573 of 2021 Manavalan ...Petitioner
Versus
State Rep by ... Respondent/Complainant The Inspector of Police, Vikravandi Police Station, Villupuram District.
(Crime No.503 of 2021) Prayer:- Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure seeking to enlarge the petitioner on bail in the event of apprehending arrest in the Cr.No.503 of 2021 on the file of the respondent police.
For Petitioner : M/S.R.Sasikumar For Respondent : Mr.N.S.Suganthan Government Advocate (Crl.Side)
ORDER
The petitioner, who apprehends arrest for the alleged offence under Sections 294(A), 465, 468 and 420 of IPC and Sections 5, 7(1) and 7(3) of Lotteries Regulation Act 1998 r/w Section 74 of Information Technology Act 2000 in Cr.No.503 of 2021, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner was selling unauthorized online lottery tickets which was banned by the Government and thereafter, the same was seized by the respondent police.
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 submitted that the petitioner, on his own volition, is ready and willing to contribute a sum of Rs.10,000/- for the purpose of construction of toilet in Government Model Girls Higher Secondary School, Villupuram.
4.The learned Government Advocate (Crl.Side) submitted that the petitioner was selling unauthorized online lottery tickets which was banned by the Government. He further submitted that the investigation has been completed. Hence, he opposed for granting anticipatory bail to the petitioner.
5.Considering facts and circumstances of the case and the submission made by the learned counsel for the petitioner that he is ready to contribute an amount of Rs.10,000/- for charitable purpose, this Court is inclined to grant anticipatory bail to the petitioner. 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, Vikravandi, 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)if the petitioner failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;
(b)the petitioner shall make a non-refundable deposit of Rs.10,000/- (Rupees Ten Thousand only) to the credit of the Chief Educational Officer, villupuram District for the purpose of construction of toilet in Government Model Girls Higher Secondary School, Villupuram under necessary acknowledgement, without prejudice to his defence before the trial Court and submit the proof of payment of the said amount before the aforesaid learned Judicial Magistrate, who after perusing the challan/ receipt/acknowledgement, shall accept the sureties furnished by the petitioner; (c)the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(d)the petitioner shall report before the respondent police on every Saturday at 10.30 a.m. until further orders; (e)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(f)the petitioner shall not abscond either during investigation or trial;
(g)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]; and; (h)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
7. In the result, this Criminal Original Petition is ordered and the Chief Educational Officer shall submit the necessary proof with regard to the expenditure incurred for the improvement/rehabilitation of the Schools in the District before the Commissioner of School Education as and when such works are completed by utilising the money as ordered by this Court. -sd/- 29/11/2021 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, VIKRAVANDI, VILLUPURAM DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, VIKRAVANDI POLICE STATION, VILLUPURAM DISTRICT.
5 THE CHIEF EDUCATIONAL OFFICER, VILLUPURAM DISTRICT.
+1 CC to M/S.R.SASIKUMAR Advocate on payment of necessary charges SR.NO.13763 CRL OP.22573/2021 Date :29/11/2021 TA-07/12/2021