Annamalai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.12.2022

CORAM

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P(MD)No.21605 of 2022 Annamalai

...Petitioner/Accused No.4

-vsState rep.by The Inspector of Police, Adiramapattinam Police Station, Thanjavur District.

(in Crime No.616 of 2022)

...Respondent/Complainant

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to enlarge the Petitioner on bail in the event of his arrest by the respondent Police with respect to Cr.No.616 of 2022.

For Petitioner : Mr.D.R.Murugesan, Advocate For Respondent : Mr.K.Sanjai Gandhi Government Advocate (Crl.side)

O R D E R

The petitioner, 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.616 of 2022 on the file of the respondent Police, seeks anticipatory bail. 2.The case of the prosecution, as per the de-facto complainant, is that the petitioner along with other accused were found in possession of banned lottery tickets and on seeing the police, the petitioner ran away. The other three accused were apprehended at the scene of occurrence. Hence, the complaint. 3.The learned Counsel for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case based on the confession of the arrested accused. He would submit that the petitioner is ready to abide by any stringent conditions.

4.The learned Government Advocate (Crl.side) would submit that the petitioner has got two previous cases in similar nature and he has been convicted for the said offences.

5.In reply, the learned Counsel for the petitioner would submit that the previous cases are relating to the year 2016 and thereafter, the petitioner has no previous cases for the six years. However, he would submit that the without prejudice to the defence, the petitioner is ready to make a donation for any philanthropic activity.

6.Taking into consideration the facts and circumstances of the case and on perusing the records, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 7.Accordingly, the petitioner shall pay a sum of Rs.5,000/- to the credit of Madurai Bench of High Court Advocates Association (MBHAA), A/c.No.496038755, IFSC Code:IDB000H40, Branch-High Court, Madurai, without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the learned Judicial Magistrate, Pattukottai.

8.On production of such receipt, 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 on which the order copy made ready, before the learned Judicial Magistrate, Pattukottai, 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of two weeks and thereafter, every Saturday at 10.30 am until further orders. [c] the petitioner shall not tamper with 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

Sd/- 07/12/2022 / TRUE COPY / /12/2022 Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.

cmr TO

1. THE JUDICIAL MAGISTRATE, PATTUKOTTAI.

2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3. THE INSPECTOR OF POLICE, ADIRAMPATTINAM POLICE STATION, THANJAVUR DISTRICT.

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

COPY TO:

THE OFFICER INCHARGE, ADVOCATES ASSOCIATION (MBHAA), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.21605 of 2022 Date :07/12/2022 SP/BUC/SAR II/16/12/2022/3P/6C