V.Gopalakrishnan v. State Rep By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.03.2021
CORAM
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.3773 of 2021 V.Gopalakrishnan ... Petitioner Vs.
The State Represented by,
...Respondent
The Inspector of Police, K.V.Kuppam Police Station, Vellore District.
Crime No.29/2020.
Prayer: Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge the petitioner on bail in the event of his arrest in connection with Crime No.29 of 2020 on the file of the respondent police.
For Petitioner : Mr.K.Thangamani For Respondent : Mr.C.Iyyappa Raj Additional Public Prosecutor
ORDER
The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 5 & 7
(3) Lotteries Regulation Act 1998 in Crime No.29 of 2020 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the on 04.02.2020, petitioner along with other accused were found selling the banned lottery tickets to the public. Hence, the complaint.
3. The learned Counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and a false case has been foisted against him. He would submit that this is the second application for anticipatory bail and the earlier application filed by the petitioner was dismissed on 10.12.2020 vide Crl.O.P.No.18450 of 2020. Hence, he prays for grant of anticipatory bail to the petitioner.
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4. The learned Additional Public Prosecutor submitted that this Court taking into consideration the antecedents of the petitioner had dismissed the earlier application on 10.12.2020. He would submit that due to Covid and due to mis-communication, on earlier application a wrong instruction was given before this Court as if, the petitioner has got two previous cases. Whereas, on verification it is found that the petitioner has involved in 5 cases of similar nature. Hence, he vehemently opposed for grant of anticipatory bail to the petitioner.
5. Taking into consideration of the fact that the petitioner is a habitual offender and involved in 5 previous cases of similar nature, this Court is not inclined to grant anticipatory bail to the petitioner.
6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 01/03/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE INSPECTOR OF POLICE, K.V.KUPPAM POLICE STATION, VELLORE DISTRICT.
2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.K.THANGAMANI Advocate on payment of necessary charges CRL OP.3773/2021 Date :01/03/2021 TA-11/03/2021 https://hcservices.ecourts.gov.in/hcservices/