Muthusamy v. State Rep By

G.K.ILANTHIRAIYAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 4(3) of TN Gambling Act read with Section 420 of IPC, in Crime No.62 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant is having cotton betting habit. The defacto complainant went to cotton betting place wherein the petitioner, along with other accused, has asked to pay Rs.7/- towards cotton betting and in return they will give Rs.700/-. Thereafter, the petitioner failed to return the money, thereby cheated the defacto complainant. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that the petitioner has asked the defacto complainant to pay Rs.7/- towards cotton betting and in return they will give Rs.700/-, but he failed to return the money. He would further submit that the petitioner is a habitual offender and he is having 9 previous cases against him. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the nature of offence committed by the petitioner, and taking note of the fact that there are nine previous cases, similar in nature, pending against the petitioner, there is no change of circumstances, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, the Criminal Original Petition is dismissed. 02.08.2022 Lpp

G.K.ILANTHIRAIYAN, J.

Lpp 02.08.2022