IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 1ST SEPTEMBER 2011 / 10TH BHADRA 1933 Bail Appl..No. 6765 of 2011() ----------------------------- Crime No.R.C.20(S)/2011 of C.B.I. ACB, Cochin PETITIONER/ACCUSED: -------------------------- MANOJKUMAR.D.N., S/O.NARAYANAN, AGED 40 YEARS, DHARMATHUMPARAMBIL HOUSE, ESI ROAD, ERNAKULAM NORTH, KOCHI-18. BY ADV. SRI.C.A.CHACKO RESPONDENT: COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY INSPECTOR OF POLICE, CBI ACB, KOCHI-17, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.P.CHANDRASEKHARAN PILLAI -STANDING COUNSEL FOR CBI PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6765 of 2011 ---------------------------------------------- Dated this the 01st day of September, 2011 ORDER The petitioner apprehends arrest in Crime No.R.C.20(S)/ 2011 of C.B.I. ACB, Cochin. The offences alleged against the petitioner are under the Kerala Lottery Regulation Act and Kerala Paper Lottery Regulation Rules. 2. The learned Counsel appearing for the C.B.I. submitted that the Honourable Supreme Court passed an order dated 04/11/2009 in Civil Appeal No.3088 of 2004. The learned Counsel appearing for the C.B.I. handed over a copy of the order. The order passed by the Supreme Court reads as follows:- “The interim orders and the undertaking of State of Kerala are clarified. The State governments would be at liberty to register FIRs under the provisions of the Lotteries (Regulation) Act, 1998 and/or I.P.C., if there are violations or commission of offences. But as the matters are pending for final hearing before this Court, in such matters where FIRs are registered investigation may be proceeded with but no accused shall be arrested or kept in detention. No premises shall be searched or scaled, nor any lottery tickets without a search warrant from a competent Court.” Bail Appln.No.6765/2011 : 2 : 3. In the light of the order passed by the Supreme Court, no further directions are required in this Bail Application. The Bail Application is accordingly closed with liberty to the petitioner to approach this Court as and when occasion arises. K.T.SANKARAN, JUDGE skj True copy P.A. to Judge