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Madras High CourtCRL OP(MD)/1841/2020granted

Senthilkumar v. The Inspector Of Police

2020-02-14Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.1841 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/02/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.1841 of 2020 Senthilkumar ... Petitioner/Sole Accused Vs The State rep.by The Inspector of Police, Abiramapattinam Police Station, Thanjavur District.

Crime No.9 of 2020. ... Respondent/Complainant For Petitioner : M/s.B.Jameel Arasu, Advocate.

For Respondent : Ms.M.Ananthadevi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.9 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner is in custody since 14.01.2020 for the offences punishable under sections 294(b), 352, 353, 506(ii) of I.P.C., r/w Section 307 of IPC and Sections 5 and 7(3) of Lotteries Regulation Act, 1998, in Crime No. 9 of 2020 on the file of the respondent police. He seeks bail.

3. The learned Government Advocate (Crl.side) would point out that the petitioner is having a number of previous cases of the same nature.

4.The petitioner's counsel, on instructions, states that after the petitioner comes out on bail, he will file an affidavit before the Court below undertaking not to engage himself in any sale of lotteries.The petitioner's counsel states that he would look out for some other avocation.

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CRL OP(MD). No.1841 of 2020 5.If this undertaking is breached, the petitioner will be visited with serious consequences.

6. Recording the petitioner's undertaking, I am inclined to enlarge the petitioner on bail with certain conditions. Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions;

(i) 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 learned Judicial Magistrate, Pattukkottai, Thanjavur.

(ii) the petitioner is directed to appear before the respondent police as and when required for the interrogation. (iii) 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]. sd/- 14/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, PATTUKOTTAI, THANJAVUR. 2.THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM 3.THE INSPECTOR OF POLICE, ABIRAMAPATTINAM POLICE STATION,THANJAVUR DISTRICT. 4.THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

5.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.B.JAMEEL ARASU Advocate SR.No.3167

ORDER

IN CRL OP(MD) No.1841 of 2020 Date :14/02/2020 TK/VR/SAR.2/14.02.2020/2P/7C https://hcservices.ecourts.gov.in/hcservices/ 2/2