Kerala High Court
Ummer vs Sub Inspector Of Police on 15 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942
Bail Appl..No.1772 OF 2020
AGAINST THE ORDER/JUDGMENT IN CRMC 300/2020 DATED 28-02-2020 OF
DISTRICT COURT & SESSIONS COURT,KOZHIKODE
CRIME NO.5/2020 OF Kunnamangalam Police Station, Kozhikode
PETITIONER/S:
UMMER
AGED 60 YEARS
S/O. VEERANKUTTY, PATHUKUNNATH HOUSE, POOLAKODE
AMSOM, CHOOLOOR DESOM, KOZHIKODE DISTRICT.
BY ADVS.
SRI.P.V.ANOOP
SRI.PHIJO PRADEESH PHILIP
SRI.M.P.PRIYESHKUMAR
SRI.K.V.SREERAJ
RESPONDENT/S:
1 SUB INSPECTOR OF POLICE
KUNNAMANGALAM POLICE STATION, KOZHIKODE 673 571.
2 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM, KOCHI 682 031.
SMT.V.SREEJA-PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
15.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BA 1772/2020
2
O R D E R
Dated this the 15th day of February 2021
This is an application seeking anticipatory
bail filed under Section 438 Cr.PC.
2. The applicant is the second accused in
Crime No.5/2020 of Kunnamangalam Police Station
for having allegedly committed offences
punishable under Section 294-A IPC and under
Sections 4(a) and 7(3) of the Lotteries
Regulation Act.
3. The prosecution case, in brief, is that
on 2.1.2020 at about 1.20 p.m. near Malayamma Bus
stop, the applicant and his son were found to be
conducting unauthorised sale of lottery parallel
to Kerala lottery by keeping lottery tickets in a
push-cart and the crime was registered. The
applicant apprehends arrest and has therefore
approached this Court for anticipatory bail. The
BA 1772/2020
applicant's son, who is the second accused, has
already been granted bail. The applicant has no
criminal antecedents, and therefore, seeks
indulgence.
4. Heard the learned counsel appearing for
the applicant and the learned Public Prosecutor.
5. The learned Prosecutor admits that the
applicant has no criminal antecedents. He is
willing to cooperate with the investigation.
Therefore, I find no reason for custodial
interrogation of the applicant, since the lottery
tickets, which were allegedly attempted to be
sold by the applicant were seized.
In the result, the bail application is
allowed and the applicant is directed to
surrender before the investigating officer within
two weeks. In the event of his being arrested,
after interrogation, he shall be released on bail
on execution of a bond for Rs.50,000/- (Rupees
BA 1772/2020
fifty thousand only) with two solvent sureties
each for the like amount to the satisfaction of
the investigating officer, and on the following
further conditions:
(i) He shall appear before the
investigating officer as and when called for and
co-operate with the investigation.
(ii) He shall not tamper with evidence or
intimidate or influence the witnesses.
(iii) He shall not get involved in any
similar offence during the currency of the bail.
In case of breach of any of the above bail
conditions, the prosecution is at liberty to
approach the jurisdictional court for
cancellation of the bail.
Sd/-
ASHOK MENON
JUDGE
jg
