Akshay T vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for pre-arrest bail filed under Section 438 of the Code of Criminal Procedure, 1973.

Petitioner is the 2nd accused in Crime No.106 of 2023 of Karuvarakundu Police Station, Malappuram District, alleging offences punishable under Sections 4(a), 7(3) of the Lotteries Regulation Act, 1988 and Section 7 and 8 of the Kerala Gambling Act.

According to the prosecution, on 17-02-2023, the accused was found engaged in doing a parallel lottery for excessive profit by matching the last three digits of the prize-winning numbers of the Kerala State Lottery and thereby committed the offences alleged.

Sri.K.Rakesh, the learned counsel for the petitioner contended that the prosecution allegations are false and that incident as alleged had not occurred.

Smt.Neema T.V., the learned Public Prosecutor opposed the application and submitted that the petitioner had indulged in a similar crime earlier also, having involved himself in Crime No.493/2022 of Thalikavu Police station.

I have considered the rival contentions.

The offences alleged against the petitioner are serious in nature. Petitioner has also involved in a similar crime on an earlier occasion and he is arrayed as an accused in Crime No.493/2022 of Thalikavu Police Station. Even though the allegations are serious, considering the nature of evidence required to be collected, I am of the view that the limited custody of the petitioner would suffice the investigation.

Accordingly, this application is allowed on the following conditions:

(a) Petitioner shall appear before the Investigating Officer on 3-07-2023 and shall subject himself to interrogation.

b) If after interrogation, the Investigating Officer proceeds to arrest the petitioner, then, he shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum before the Investigating Officer.

(c) Petitioner shall appear before the Investigating Officer as and when required and shall also co-operate with the investigation.

(d) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

(e) Petitioner shall not commit any similar offences while he is on bail.

(f) Petitioner shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.