Karthickraja v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Karthickraja ... Petitioner / Sole Accused Vs The State represented by The Inspector of Police, Srivilliputhur Town Police Station, Srivilliputhur, Virudhunagar District.
(Crime No.333/2023.) ... Respondent / Complainant For Petitioner :
M/s.Susi Kumar.C, Advocate.
For Respondent :
Mr.B.Nambiselvan, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime NO.333 of 2023 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested on 27.07.2023 for the alleged offence under Section 7(3) of Lottery Regulation Act, in Crime No.333 of 2023 on the file of the respondent police, seeks bail.
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2. The case of the prosecution is that the petitioner was found in illegal possession of 7 numbers of fake lotteries. Hence the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case and he has not committed any offence as alleged by the prosecution. The petitioner is also ready to file an undertaking that he will not commit any similar offence in future. He further submitted that the petitioner is in custody from 27.07.2023. Hence, prays for bail.
4. The learned Additional Public Prosecutor (Crl.Side) appearing for the respondent police submitted six previous cases are pending against this petitioner. 5 .Considering the facts and circumstances of the case, the readiness of the petitioner to file an affidavit that he will not indulge in any offence in future and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with stringent conditions.
6. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a personal 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 No.II, Srivilliputtur, Virudhunagar District, and on further conditions that (i) the petitioner shall also file an undertaking affidavit before the trial Court 2/4
that he will not indulge in any offence in future. (ii) the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.
(iii) the petitioner shall deposit a sum of Rs.5,000/- (Rupees Five Thousand only), to the credit of the Account Number (A/c.No.7567821433, Indian Bank, High Court Branch Madurai (2001), IFSC Code:IDIB000H040) opened by the Registrar Judicial, Madurai Bench of Madras High Court, Madurai, for donating law books in the name of "Madurai Bench of Madras High Court" in Kalaignar Centenary Library, Madurai, without prejudice to his rights and contentions before the trial Court.
sd/- 22/08/2023 / TRUE COPY / 22/08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TTA To 1.The Judicial Magistrate No.II, Srivilliputtur, Virudhunagar District. 2.Do through the Chief Judicial Magistrate, Virudhunagar District at Srivilliputtur.
3.The Inspector of Police, 3/4
Srivilliputhur Town Police Station, Srivilliputhur, Virudhunagar District.
4.The Officer Incharge, Sub Jail, Srivilliputhur.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy to:
1.The Registrar (Judicial), Madurai Bench of Madras High Court, Madurai.
2.The Officer Incharge, Kalaignar Centenary Library, Madurai.
+1 CC to M/s.S.MEENA, Advocate ( SR-12582[I] dated 22/08/2023 )
ORDER
IN CRL OP(MD) No.15273 of 2023 Date :22/08/2023 ED/ /SAR- (22/08/2023) 4P / 9C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4