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Madras High CourtCRL OP/27950/2023granted

Venkatesan @ Seera Venkatesan v. The Inspector Of Police,

2023-12-15Honourable Mr Justice C.V. Karthikeyan4 pages

Crl.O.P.No.27950 of 2023 C.V.KARTHIKEYAN, J.

The petitioner/A2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 269, 420 of IPC r/w Section 4(3) of Gaming Act in Crime No.203 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that on 21.05.2023 the respondent found A1 in a suspicious manner, who stated that A2 and himself were actually gambling. Hence, the complaint. 3.The learned counsel for the petitioner submitted that the petitioner is innocent. He has been falsely implicated in this case. He further submitted that A1 had been arrested and had been released on bail. Hence, he sought for grant of anticipatory bail to the petitioner herein.

4.Taking all the factors into consideration, this Court is inclined to grant anticipatory bail to the petitioner herein

5. Accordingly, the petitioner is ordered to be released on bail 1/4

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 No.III, 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 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 daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation.

[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 2/4

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.

15.12.2023 smv C.V.KARTHIKEYAN , J.

smv 3/4

Crl.O.P.No.27950 of 2023 15.12.2023 4/4