Thirunavukarasu v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/11/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.20613 of 2022 Thirunavukarasu ... Petitioner/Accused No.4 Vs The State rep.by The Inspector of Police, Ponnamaravathi Police Station, Pudukkottai District.
(Crime No.276 of 2022) ... Respondent/Complainant For Petitioner : M/s.Arunprasad.A, Advocate.
For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.276 of 2022 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner/A4, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 5 and 7(3) of Lotteries Regulation Act, in Crime No.276 of 2022, seeks anticipatory bail.
2.The case of the prosecution is that when the respondent police is in surveillance regarding illegal circulation of lotteries, at that time, the petitioner along with other accused found with lottery tickets, which was banned by the Tamil Nadu Government, kept for sold. Hence, the complaint. 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 and he did not commit any offence as alleged by the prosecution. He would further submit that the co-accused were arrested and thereafter, released on bail and the petitioner shall abide any condition imposed by this Court. Hence, he may be granted anticipatory bail.
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4.The learned Government Advocate (Crl.side) appearing for the respondent police would submit that the co-accused were arrested and thereafter, released on bail. He would further submit that the petitioner is having five previous cases and investigation in this case is not yet completed. Hence, he opposed for grant of anticipatory bail to the petitioner.
5.Considering the facts and circumstances of the case and considering the nature of offence and also the fact that co-accused were already released on bail, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.Accordingly, the petitioner shall pay a sum of Rs.3,000/- (Rupees Three Thousand only) to the credit of Headmistress, Government High School, Sathyamoorthy Nagar, Madurai (Account No.30641540761, IFSC Code: SBIN0016503, State Bank of India, Samayanallur), without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the learned Judicial Magistrate, Thirumayam.
7.On production of such receipt/acknowledgment, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Thirumayam, on condition that 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 Magistrate concerned and on further conditions that: [a]the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity.
[b]the petitioner shall report before respondent police daily at 10.30 a.m., until further orders;
[c]the petitioner shall not tamper with the evidence or witness either during investigation or trial.
[d]the petitioner 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]. 2/3
[f]If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 22/11/2022 / TRUE COPY / /12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, THRIUMAYAM.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.
3 THE INSPECTOR OF POLICE, PONNAMARAVATHI POLICE STATION, PUDUKKOTTAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:
THE HEADMISTRESS, GOVERNMENT HIGH SCHOOL, SATHYAMOORTHY NAGAR, MADURAI.
ORDER
IN Date :22/11/2022 CP SA/VR/SAR.3/01.12.2022/3P/6C 3/3