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Madras High CourtCRL OP/20691/2020dismissed

Varadharaj v. State Rep By,

2021-04-16Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Sixteenth day of April Two Thousand Twenty One PRESENT THE HON'BLE MR.JUSTICE M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.20691 of 2020 R VARADHARAJ [ PETITIONER / ACCUSED ] Vs THE STATE [ RESPONDENT ] REP BY INSPECTOR OF POLICE, THIRUPAPULIYUR POLICE STATION, CUDDALORE DISTRICT.

CRIME NO.1613 OF 2020.

For Petitioner : M/S.S.C.VISHWANTH Advocate For Respondent : MR. S.KARTHIKEYAN, 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 offences punishable under Section 5 and 7(3) of the Lotteries Regulation Act, 1998 in Crime No.1613 of 2020, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that ithe petitioner along with the other accused is said to have sold lottery tickets illegally without valid permission. Hence, the present complaint has been lodged before the Law Enforcing Agency. 3.The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and that he had not committed any offence as alleged by the prosecution. He further submitted that based on the confession statement of the coaccused, the petitioner has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner. 4.The learned Additional Public Prosecutor submits that the petitioner along with the other accused is said to have sold lottery tickets in violating the provisions of the Lotteries Regulation Act. Therefore, he vehemently opposed to grant anticipatory bail to the petitioner.

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5. Taking into consideration the gravity of the offence committed by the petitioner and that investigation of the case is still underway, this Court is of the opinion that it would not be justifiable to grant anticipatory bail to the petitioners at this point of time.

6.Accordingly, this Criminal Original Petition is dismissed. -sd/- 16/04/2021 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 INSPECTOR OF POLICE, THIRUPAPULIYUR POLICE STATION, CUDDALORE DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.S.C.VISHWANTH Advocate on payment of necessary charges CRL OP.20691/2020 Date :16/04/2021 MK:12/07/2021 https://hcservices.ecourts.gov.in/hcservices/