Palanikumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/11/2021 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR
1. Palanikumar
2. A.Sakthivel ... Petitioners/ Rank Not Known Vs The State rep.by, The Inspector of Police, Sivakasi East Police Station, Virudhunagar District.
(Crime No.354 of 2021) ... Respondent/Complainant For Petitioners: Mr.M.PRABHAKARAN, Advocate.
For Respondent : Mr.RMS.Sethuraman, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.354 of 2021 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioners/ Accused, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 5 & 7(3) of Lotteries Regulation Act, 1998 and Sections 420, 468 IPC in Crime No.354 of 2021 on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that the petitioners and other accused persons were involved in the illegal sale of fake lottery and the respondent police had recovered fake lottery tickets and Rs.31,520/- from them. Hence, the complaint. 3.The learned counsel appearing for the petitioners would submit that the petitioners are innocents and not committed any offence as alleged by the prosecution. The names of the petitioners are not even mentioned in the FIR and there is no material against them. Co-accused were arrested and released on bail. Hence, he prays for grant of anticipatory bail to the petitioners. 1/3
4.The learned Additional Public Prosecutor appearing for the respondent police would submit that on the basis of the confession statement given by the first accused, the A5 to A7 were implicated in this case and A1 to A4 were arrested and released on bail. 5.Considering the nature of charges levelled against the petitioners and also the facts that the co-accused viz., A1 to A4 were arrested and released on bail and that the properties have already been recovered from the other accused, this Court is inclined to grant bail to the petitioners with certain conditions.
6. Accordingly, 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 Magistrate No.II, Sivakasi, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) each with two sureties, each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions that: a)the petitioners 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 petitioners shall report before the respondent Police Station 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 evidence or witness either during investigation or trial;
(d)the petitioners 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 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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 24/11/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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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.II, SIVAKASI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3 THE INSPECTOR OF POLICE SIVAKASI EAST POLICE STATION, VIRUDHUNAGAR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.13474 of 2021 Date :24/11/2021 PNM MK/VR/SAR.II/30.11.2021/3P/5C 3/3