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Madras High CourtCRL OP/4511/2021dismissed

Ablu @ Babu Settu v. The Sub-Inspector Of Police,

2021-04-08Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Eighth day of April Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.4511 of 2021 ABLU @ BABU SETTU [PETITIONER / ACCUSED] Vs THE SUB-INSPECTOR OF POLICE, [RESPONDENT/COMPLAINANT] BAGAYAM POLICE STATION, VELLORE DISTRICT.

CRIME NO.19 OF 2021.

For Petitioner : M.R.THANGAVEL Advocate For Respondent : M/S.K.PRABAKAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner who apprehends arrest at the hands of the respondent police for the alleged offence under Section 4(3) of TN Gaming Act and Section 420 of IPC, in Cr.No.19 of 2021 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner and other accused persons collected an amount of Rs.30/- from the general public and gave a number and assured that they will be given a prize money. Believing the same, the defacto complainant paid Rs.30/- and the same was not ended in prize winning. Therefore, she made a complaint to the respondent police. Hence, the present petition has been filed.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person. He has been arrayed as second accused and the first accused is the main culprit. Accordingly, he prayed for anticipatory bail. 4.The learned Additional Public Prosecutor would submit that the petitioner is the owner of the game center and the first accused is the employee of the game center. They collected huge money from the public and assured that the prize money will be given later, if the number allotted to them got succeeded. Hence, he opposed for grant of bail to the petitioner.

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5.Considering the fact that the petitioner used an innovative way to collect money from the innocent public, this Court is not inclined to grant anticipatory bail to the petitioner. 6.Accordingly, this petition stands dismissed. -sd/- 08/04/2021 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 SUB-INSPECTOR OF POLICE, BAGAYAM POLICE STATION, VELLORE DISTRICT.

2.THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M.R.THANGAVEL Advocate on payment of necessary charges CRL OP.4511/2021 Date :08/04/2021 TK/27.04.2021 https://hcservices.ecourts.gov.in/hcservices/