Mrs Sowmiya Manickam v. State Rep By Its

Crl.O.P.No.26135 of 2024 P.DHANABAL, J.

The petitioner apprehends arrest for the alleged offences under Section 318(4) of BNS Act and Section 7(3) of Lotteries Regulation Act, 1998 in Crime No.459 of 2024, on the file of the respondent police seeks anticipatory bail.

2.

The case of the prosecution is that first and second accused sold the lottery tickets to the general public which are banned by the Tamil Nadu Government and the respondent police seized lottery tickets for a sum of Rs. 3,36,800/- from the first and second accused. Hence, the complaint.

3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution. The petitioner has been falsely implicated in this case. However, on instructions, the learned counsel further submits that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court and he prays to grant anticipatory bail to the petitioner.

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4.

The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the petitioner along with other accused sold the lottery tickets to the general public which are banned by the Tamil Nadu Government and the respondent police seized lottery tickets for a sum of Rs. 3,36,800/- and he further submitted that there is no previous case pending against the petitioner. However, he opposed to grant bail to the petitioner.

5.

Considering the representations made by both sides and considering the nature of offences charged against the petitioner and coaccused was already arrested and released on bail and also considering that there is no previous case is pending against the petitioner, 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/her appearance, within a period of fifteen

(15) days from the date of receipt of a copy of this order before the Judicial Magistrate -I, Krishnagiri on condition that the petitioner shall 2/5

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 shall report before the respondent police every first working day of English Calender Month at 10.30 a.m for a period of three month;

[b] the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts of the Court or to any police officer.

[c] the petitioner shall not leave India without the previous permission of the Court.

[d] the petitioner shall not abscond either during investigation or trial.

[e] the petitioner shall make himself/herself available for interrogation by a police officer as and when required. 3/5

[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 petitioner thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

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P.DHANABAL, J.

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