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Madras High CourtCRL OP/26395/2023granted

Tamilselvan v. Inspector Of Police,

2023-12-05Honourable Mr Justice C.V. Karthikeyan5 pages

C.V.KARTHIKEYAN, J.

The petitioner/A3, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under sections 5, 7(1), 7(3) of Lottery Regulation Act in Crime No.720 of 2023, with respect to an occurrence which took place on 06.10.2023, seeks Anticipatory Bail.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) on behalf of the respondent.

3. It is stated that A1 and A2, were in possession of banned lottery tickets and it had been seized. On their confession, it was stated that the petitioner herein is the supplier of the lottery tickets. A1 and A2 had been arrested and granted bail.

4.Taking all the factors into consideration, I am inclined to grant anticipatory bail to the petitioner subject to the following conditions: 5.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 on which the order copy made ready, before the learned

Judicial Magistrate, Thiruvennainallur, 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 this Court 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 report before the respondent police every day at 10.30 a.m., until further orders.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner 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 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

05.12.2023 dk/rna

C.V.KARTHIKEYAN,J.

Dk/rna

05.12.2023