Pakkiri Maideen v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/12/2024 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL Pakkiri Maideen
...Petitioner/Accused No.2
Vs State rep. by The Inspector of Police, Ayyampettai Police Station, Papanasam Taluk, Thanjavur District.
(Crime No.1016/2024) .. Respondent/Complainant For Petitioner : Mr.K.Arunraj Advocate.
For Respondent : Mr.M.Vaikkam Karunanithi Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.1016 of 2024 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioner/Accused No.2, who apprehend arrest at the hands of the 1/5
respondent for the offences punishable under Section 7(3) of the Lotteries Regulations Act, 1998 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 14.12.2024, the respondent police received secret information regarding selling of banned lotteries. Due to that, the respondent police visited the site and enquired. At the time, A1 namely, Inayathulla was standing in suspicious manner. In the mean while, he attempted to run away from the place, while searching the place and found that the 1st accused were in possession of banned lotteries. Hence, the case.
3. The learned counsel for the petitioner would submit that the petitioner is innocent and he is no way connected and he is not having any bad antecedents and only based on the confession of A1, this petitioner has been implicated in this case. He has not committed any offence as alleged by the prosecution.
4. The learned Government Advocate (Crl. Side) fairly submits that the petitioner is having 10 previous cases and at the time of police visit, he found in a possession of banned lotteries. Hence, he opposed to grant anticipatory bail to the petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the rival submissions on either side and the nature of offences charged against the petitioner, A1 has been arrested and released on bail and only 2/5
based on the confession statement of A1, this petitioner has been implicated in this case, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions:
[a] Accordingly, the petitioner is ordered to be released on anticipatory bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum to the satisfaction of the Judicial Magistrate No.III, Thanjavur, and on further conditions that:
[b] the petitioner shall report before the Inspector of Police, Vedaranyam Police Station, Thanjavur District, every Saturday at 10.00 a.m. for a period of four weeks, and thereafter as and when required for the interrogation. [c] the petitioner shall not commit any offences of similar nature. [d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[f] On breach of any of the aforesaid conditions, the learned Judicial 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]. 3/5
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
sd/- 27/12/2024 / TRUE COPY / /01/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
RJR TO 1 THE JUDICIAL MAGISTRATE NO.III THANJAVUR.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM. 3 THE INSPECTOR OF POLICE, AYYAMPETTAI POLICE STATION, PAPANASAM TALUK, THANJAVUR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:
THE INSPECTOR OF POLICE, VEDARANYAM POLICE STATION, THANJAVUR DISTRICT.
+1 CC to M/s.K.ARUNRAJ, Advocate ( SR-15929[I] dated 27/12/2024 ) 4/5
ORDER
IN CRL OP(MD) No.23000 of 2024 Date :27/12/2024 SA/SKN/SAR. /02.01.2025/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5