Saravanan@Essai Saravanan v. The State Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 01.09.2020 CORAM :
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.12842 of 2020 Saravanan @ Essai Saravanan ... Petitioner Vs.
The State Rep. by The Inspector of Police, Chidambaram Town Police Station, Cuddalore District.
(Crime No.742 of 2020) ... Respondent PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on bail, in the event of his arrest in Crime No.742 of 2020, pending investigation on the file of the respondent police.
For Petitioner : Mr.Om Sai Ram For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor
O R D E R
(The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 420 of IPC r/w Sections 5 and 7(3) of Lottery Act, in Crime No.742 of 2020, on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the defacto complainant and his friends were passing through North Street, near Murugan Tea Shop, at that time the main accused Aruputha Raj approached to purchase Kerala Lotteries, if they purchase tickets from him, within 30 minutes they will get assured money of Rs.1,00,000/-. The accused forced them and sold 5 Kerala tickets worth about Rs.250/-. Later, the defacto complainant and his friends came to the place and found that no one is there at the place of occurrence. On enquiry with general public, they came to know that main accused used purchased lottery tickets from the petitioner and used to lure the general public.
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3.The learned counsel for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case. He would submit that even previous cases are foisted by the respondent Police only statistical purpose. Hence, he seeks to grant anticipatory bail to the petitioner.
4.The learned Additional Public Prosecutor would submit that the petitioner has got two previous cases of similar in nature and registered before the respondent Police in Cr.No.81 of 2019 and yet another case in Cr.No.281 of 2019.
5.Taking into consideration the facts and circumstances of the case and the petitioner has involved in two previous cases of similar in nature, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, this Criminal Original Petition is dismissed. -sd/- 01/09/2020 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, CHIDAMBARAM TOWN POLICE STATION, CUDDALORE DISTRICT.
2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S. OM SAI RAM Advocate on payment of necessary charges CRL OP.12842/2020 Date :01/09/2020 cs 15/09/2020 https://hcservices.ecourts.gov.in/hcservices/