Raja @ Bharat @ Bharath Kumar v. State Rep By

T.V.THAMILSELVI, J.

The petitioner, who apprehends arrest for the alleged offence under Section 4(3) of Tamil Nadu Gaming Act 1930 r/w Section 420 of I.P.C in Crime No.292 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that when the respondent police is on a regular patrol they found that the petitioner was standing in a petty shop and he has involved in act of gambling and Rs.120 and tokens issued for gambling was seized from him .. Hence the respondent police registered a case against the petitioner.

3.The learned counsel appearing for the petitioner would submit that the petitioner is a innocent person and he has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) submitted that the petitioner involved in the act of gambling and Rs.120/- and the token issued

for gambling was seized from him. Hence, he opposed for grant of anticipatory bail to the petitioner.

5.Accordingly, the petitioner is ordered to be released on anticipatory 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 Judicial Magistrate No.III, Vellore, Vellore District 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 Court concerned 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 as and when required for interrogation.

(c) the petitioners shall report before the respondent police on every Wednesday at 10.30a.m., for a period of four weeks and thereafter as and when required for interrogation; (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 anticipatory 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;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

04.01.2023 smn

T.V.THAMILSELVI, J.

smn 04.01.2023