D.Bose v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29-01-2025
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 2133 of 2025 D.Bose S/O. Dhanasingh, No 5/375, Annanagar, Kaveripattinam, Krishnagiri.
Petitioner(s) Vs State Rep By The Inspector of Police, Kaveripattinam Police Station, (Crime No.15 of 2025) Respondent(s) For Petitioner(s): Govindaraj P For Respondent(s): Public Prosecutor
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 318(4) of BNS and Section 5 r/w. 7(1) and 7(3) of Lotteries Regulation Act, 1998 in Crime No.15 of 2025, on the file of the respondent police, seeks anticipatory bail. 2.
The case of the prosecution is that, while the defacto 1/4
complainant and his police officials were conducting inspection near Kosamedu MGR Statue, they found the accused persons/ A1 and A2 were involved in selling of other state lottery tickets and upon enquiry, it has been revealed that the petitioner had sold the other state lottery tickets to the accused persons/ A1 and A2 and involved in illegal selling of lottery tickets through a Whatsapp group called Durai KL along with other accused persons for their personal gain. Hence, this case.
3.
Learned counsel appearing for the petitioner would submit that petitioner is innocent and he has been falsely implicated in this case. He also submitted that the petitioner had never committed any offence as alleged by the prosecution. He would further submit that the petitioner is ready to produce solvent sureties and to abide by any conditions that may be imposed by this Court and also undertake to appear and to co-operate for the investigation, therefore, he prayed for the grant of anticipatory bail to the petitioner. 4.
Learned Government Advocate (Crl. Side) appearing for the respondent police opposed for granting of anticipatory bail to the petitioner, stating that the petitioner along with other accused persons/ A1 and A2 had involved in illegal selling of other state lottery tickets through a Whatsapp 2/4
group called Durai KL for their personal gain. He also submitted that the petitioner herein has been arrayed as A3, based on the confession of the arrested accused A1 and A2, further the petitioner herein has five previous cases of similar nature and the investigation is pending. 5.
Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent police and perused the materials available on record.
6.
Taking note of the facts and circumstances of the case, the submissions made by the learned counsels on either side, nature of offence and the fact that the petitioner has five previous cases of similar nature, this Court is not inclined to grant anticipatory bail to the petitioner. 7.
Accordingly, this criminal original petition is dismissed. 29.01.2025 stn 3/4
A.D. JAGADISH CHANDIRA, J.
stn To
1. State Rep By The Inspector of Police, Kaveripattinam Police Station, (Crime No.15 of 2025) Crl.O.P. No.2133 of 2025 29.01.2025 4/4