Subash v. State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.12.2024
CORAM
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Subash ... Petitioner Vs.
The State represented by, The Inspector of Police, Tiruvannamalai Town Police Station, Tiruvannamalai District.
(Crime No.704 of 2024).
... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail, in connection with the Crime No.704 of 2024, pending investigation on the file of the respondent Police.
For Petitioner :
Mr.E.Kannadasan For Respondent :
Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)
O R D E R
Petition seeking bail in respect of Crime No.704 of 2024 registered for the offences punishable under Sections 318, 112 of BNS r/w Sections 5 & 7(3) of the Lotteries Regulation Act, 1998 is on board for consideration. 1/6
2. The incarceration of the petitioner being from 01.10.2024 pleading innocence on the part of the petitioner and false implication in the case, the learned counsel for the petitioner seeks indulgence of this Court. He also submits that this is the second application for bail filed by the petitioner before this Court and his first bail application in Crl.O.P.No.27734 of 2024 was stands closed on 12.11.2024, since he was detained under Tamil Nadu Act 14. He further submits that the detention order passed against the petitioner has also been revoked by the Advisory Board. He also submits that the petitioner is no way connected with the alleged offence and he is ready to abide by any stringent condition that may be imposed by this court.
3. The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that the accused were indulged in selling fake Lottery tickets to the public, which was banned by the Government of Tamil Nadu. He further submits that the case is under investigation and five previous cases are pending against the petitioner. Therefore, if the petitioner is released on bail, there is a possibility of him absconding and not available for further investigation. 2/6
4. Having heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record, and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions and accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Tiruvannamalai, and on further conditions that: [a] 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 everyday at 10.30 a.m., until further orders;
[c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner shall not tamper with evidence or witness 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 3/6
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 269 of B.N.S. 02.12.2024 ham 4/6
To
1. The Judicial Magistrate No.I, Tiruvannamalai.
2. The Inspector of Police, Tiruvannamalai Town Police Station, Tiruvannamalai District.
3. The Superintendent, Central Prison, Vellore.
4. The Public Prosecutor, High Court of Madras.
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A.D.JAGADISH CHANDIRA.,J.
ham 02.12.2024 6/6