Kariyan Alias Suresh v. The State Rep By Its
K.GOVINDARAJAN THILAKAVADI , J The petitioners, who apprehends arrest at the hands of the respondent police for the offence punishable under Section 12 of Tamil Nadu Gaming and Police Laws Act, 1930 (Amendment 2021) r/w 318(4) of BNS in Crime No.474 of 2024 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that on 04.10.2024 when the respondent-police going patrol, they have find out six persons were playing gambling card near the bridge at Vaniyambadi Green City. The police chased and arrested the co-accused and others were escaped. Based upon the confession of co-accused, 5 other persons and the petitioner name is included in F.I.R . Hence the case.
3. The learned Counsel for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Criminal Side) for the
respondent would submit that there is no previous case is pending against the petitioners. Hence, he opposed for grant of anticipatory bail to the petitioners.
5. Heard both sides and perused the materials available on record including the FIR.
6. Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel on either side, there is no previous case is pending against the petitioners, this Court is inclined to grant anticipatory bail to the petitioner.
7. Accordingly, the petitioners are 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 Judicial Magistrate, Vaniyambadi, on condition that the petitioners shall execute a separate 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 petitioners 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 petitioners shall report before the respondent Police, everyday at 10.30 a.m., until further orders;
[c] the petitioners shall not tamper with evidence or witness either during investigation or trial. [d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
09.10.2024 nvi K.GOVINDARAJAN THILAKAVADI , J., nvi
09.10.2024