T Karunakaran v. The State Rep By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-12-2024
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 30969 of 2024 T Karunakaran Petitioner(s) Vs The State Rep By, The Inspector Of Police 104, Esplanade Police Station, Chennai. (In Crime No.312/2024) Respondent(s) For Petitioner(s):
K Rahul P. Vanith For Respondent(s):
Public Prosecutor
ORDER
Apprehending arrest in connection with Crime No.312 of 2024 registered for the offences punishable under Sections 7(3) of Lotteries Act, 1998, the present petition has been filed by the petitioner seeking anticipatory bail.
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2. Pleading innocence on the part of the petitioner, false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. He further submits that the petitioner is ready to abide by any stringent condition that may be imposed by this court.
3. The case of the prosecution, as put forth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that on secret information, the respondent police found illegal online Keral lorttery numbers and seized the materials used by the petitioner viz., 3 mobile phones, 1 laptop and a sum of Rs.2,300/-. He further submitted that there are three previous cases against the petitioner.
4. Having heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions and accordingly, he 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 of receipt of a copy of this order, before the learned VII Metropolitan Magistrate, George Town, Chennai, on Page No.2 of 4
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 everyday at 06.30 p.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 A.D.JAGADISH CHANDIRA , J.
Anu action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on Page No.3 of 4
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 abscond, a fresh FIR can be registered under Section 269 B.N.S.
12.12.2024 Anu To
1. VII Metropolitan Magistrate, George Town, Chennai
2. The Inspector Of Police 104, Esplanade Police Station, Chennai Page No.4 of 4