Saminathan v. Inspector Of Police

A.D.JAGADISH CHANDIRA, J., The petitioner, who apprehends arrest at the hands of the respondent/ Police for the offences punishable under Section 5 read with 7(3) of Tamil Nadu Prevention of Lottery Regulation Act 1988 and Section 420 IPC in Crime No. 131 of 2023, seeks anticipatory bail.

2. The case of the prosecution is that on 05.05.2023, the Inspector of Police along with his police party went to Pallapatti Bus Stop, Edaiyaru Olapalayam, Arunachampalayam, for inspection and on seeing the police, the accused person started to run away. The police chased and caught hold of him and on enquiry, they came to know that his name was Angappan and he was selling Lottery Tickets which were banned by the Tamil Nadu Government and he claimed that the petitioner has given the tickets for sale.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case based on the confession given by the accused. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent submitted that the petitioner is a habitual offender and there are 17 previous cases of similar in nature pending as against the petitioner. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on record including the FIR.

6. Taking into consideration the facts and submissions of the learned Counsel and also the fact that the petitioner is a habitual offender and the petitioner has 17 previous cases similar in nature, this Court is not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, this Criminal Original Petition is dismissed. 12.06.2023 mfa A.D.JAGADISH CHANDIRA, J.

mfa 12.06.2023