Siva v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18.02.2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.3460 of 2022 1.Siva 2.Prem @ Premkumar ... Petitioners/Accused 2 & 3 Vs.
State rep.by The Inspector of Police, Somarasampet Police Station, Trichy District.
(Crime No.53 of 2022).
... Respondent/Complainant For Petitioners : M/s.SURESH,M. Advocate.
For Respondent : M/s.M.MUTHUMANIKKAM, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.53 of 2022 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioners/A2 and A3, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 5 and 7(3) of Lotteries Regulation Act, 1998, in Crime No.53 of 2022 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the petitioners had sold the other state prohibited lottery ticket. Hence, the complaint. 3.The learned counsel for the petitioners would submit that the petitioners are innocent and not committed any offence as alleged by the prosecution.
4.The learned Government Advocate (Criminal Side) appearing for the respondent would submit that the petitioners along with other accused persons involving online three number lottery business, which is prohibited by the Tamil Nadu Government. He would further submit that the property has been recovered.
5.Considering the nature of the charges levelled against the petitioners and also the fact that the property has been recovered, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6.Accordingly, the petitioners shall pay a sum of Rs.5,000/- (Rupees Five Thousand only)each to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172), without prejudice to their rights and contentions before the trial Court and produce the receipt/acknowledgment before the Judicial Magistrate No.V, Trichy. 7.On production of such receipt/acknowledgment, the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.V, Trichy, on condition that the petitioners shall execute a bond for a sum of Rs.
(b)the petitioners shall report before the respondent police daily at 10.30 am for a period of one month and thereafter, as and when required for interrogation.
(c)the petitioners shall not tamper with the evidence or witness either during investigation or trial; (e)the petitioners shall not abscond either during investigation or trial;
(f)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 petitioners 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]; and;
(g)if the accused/petitioners thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
Sd/- 18/02/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.III) Madurai Bench of Madras High Court, Madurai - 625 023.
das Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO
1. THE JUDICIAL MAGISTRATE NO.V, TRICHY.
2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.
3. THE INSPECTOR OF POLICE, SOMARASAMPET POLICE STATION, TRICHY DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:
THE OFFICER INCHARGE, CHIEF MINISTER PUBLIC RELIEF FUND, SECRETARIAT, CHENNAI-9.
ORDER
IN CRL OP(MD) No.3460 of 2022 Date :18/02/2022 SP/PN/SAR III/24/02/2022/3P/6C