Arockiyasamy v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eleventh day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.10765 of 2016 1 AROCKIYASAMY 2 SABISTIAR, 3 VELANKANNI 4 ANTHONYSAMY ... PETITIONERS/ACCUSED(RANK NOT KNOWN) Vs STATE REP BY THE INSPECTOR OF POLICE MANAPPARAI POLICE STATION, TRICHY DISTRICT (CRIME NO.447 OF 2016) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S K.NEETHIMOHAN Advocate For Respondent : M/S.P.KANNITHEVAN, Governemnt Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused, apprehend arrest at the hands of the respondent police for the offences punishable under Sections 5 read with 7(3) of Tamil Nadu Lottery Regulation Act, in Crime No.447 of 2016, on the file of the respondent police and hence, seek anticipatory bail.
2.The case of the prosecution is that on 27.06.2016, on information that lottery tickets banned by Tamil Nadu Government being sold, the respondent police along with the police party went near the Union Office at Manapparai and found the accused Bazir in possession of printed lottery tokens. On seeing the police party, he tried to run away from the place of occurrence and the police party caught hold him and on being search, they found (i)Kumaran Lottery Token No.3377510, dated 27.06.2016 worth Rs.100/-; (ii) Thangam Lottery Token Nos.852731 to 852740, 852741 to 852746 and 852748 to 852749, numbering 18, dated 27.06.2016, each worth Rs.50/- and (iii)Rs.5,100/- and he confessed that the petitioners printed lottery tokens in their computer and Arockiasamy and Antonysamy gave to him to sell and one Velankanni and Sebastian will come and collect the amounts. In the evening he will be paid Rs.1,000/- as https://hcservices.ecourts.gov.in/hcservices/
wages. On the basis of the said confession, the petitioners have been arrayed as accused in this case, for the above said offences. 3.The case of the petitioners is that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Their names were not found in the FIR and only on the confession of A.1, their names have been falsely implicated in this case.
4.The learned Government Advocate (Criminal side) submitted that the petitioners printed lottery tickets, which is banned in Tamil Nadu and sold the same through A.1. The accused persons committed serious offence and investigation is pending to find out the involvement of the other accused.
5.Considering the facts that the petitioners printed lottery tickets, sold the same through A.1 and collected money and the sale of lottery tickets is banned in Tamil Nadu and investigation is in preliminary stage, this Court is not inclined to grant anticipatory bail to the petitioners and accordingly this petition is dismissed. sd/- 11/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 2.THE INSPECTOR OF POLICE MANAPPARAI POLICE STATION, TRICHY DISTRICT RL/3C/2P/GSV/PM/SARI/19/7/2016
ORDER
IN CRL OP(MD) No.10765 of 2016 Date :11/07/2016 https://hcservices.ecourts.gov.in/hcservices/