Siva v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fourteenth day of July Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.9020 of 2017 SIVA ... PETITIONER / ACCUSED A1 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, G.H.POLICE STATION, TRICHY DISTRICT.

CRIME NO.546/2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.T.LENIN KUMAR Advocate For Respondent : MR.A.RAMAR Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested on 22.06.2017 for the offences punishable under Sections 5 r/w 7(3) of Lottery Regulations Act, 1998 and Section 109, 120(B), 420 of IPC in Crime No.546 of 2017 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that A2 has possessed two lottery tickets and the petitioner was having the number of the said lottery tickets, which was written in a white paper. On enquiry by the de facto complainant, the petitioner stated that result of the lottery tickets are known to the second accused alone. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case.

He would further submit that only for statistical purpose, the respondent police has registered the present case. 4.The learned Additional Public Prosecutor submitted that totally there are 2 accused in this case and the petitioner herein is arrayed as A1. He also submitted that A2 was arrested and detained under Goondas Act and investigation is pending. 5.Considering the facts and circumstances of the case and considering the nature of allegations levelled against the petitioner, this Court is inclined to grant bail to the petitioner.

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(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 Judicial Magistrate No.IV, Trichy;

(ii)the petitioner is directed to appear before the respondent police daily at 10.30 a.m. until further orders; (iii)the petitioner shall not tamper with the evidence or witness either during investigation or trial; (iv) the petitioner shall not abscond either during investigation or trial;

(v)on breach of any of the aforesaid conditions, the 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 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/- 14/07/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.IV, TRICHY.

2 THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY. 4 THE INSPECTOR OF POLICE, G.H.POLICE STATION, TRICHY DISTRICT.

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

+1. CC to M/S.T.LENIN KUMAR Advocate SR.No.26572

ORDER

IN CRL OP(MD) No.9020 of 2017 Date :14/07/2017 MKV-PM-PN-SAR 1/14.7.2017/2P-7C https://hcservices.ecourts.gov.in/hcservices/