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Madras High CourtCRL OP(MD)/9699/2015allowed

Kalyanasundram @ Kalyani v. The Inspector Of Police

2015-06-03Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Third day of June Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE K.KALYANASUNDARAM CRL OP(MD) No.9699 of 2015 KALYANASUNDRAM @ KALYANI ... PETITIONER / ACCUSED NO.2 Vs THE INSPECTOR OF POLICE THOTTIYAM POLICE STATION, TRICHY DISTRICT, CRIME NO.153/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.KARUNANIDHI Advocate For Respondent : MR.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as A2, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 420 I.P.C r/w Section 7(1)(3) of Tamil Nadu Lotteries Regulation Act in Crime No. 153 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that the first accused was selling lottery tickets obtained from the second accused. 3.The learned counsel for the petitioner submitted that the petitioner is implicated only on the basis of confession of the first accused and the petitioner is innocent and he has been falsely implicated in this case.

4.The learned Government Advocate(Crl.side) submitted that the first accused was arrested and released on bail by the Judicial Magsitrate, Musiri, in Crl.M.P.No.2495 of 2015 on 25.05.2015 and the petitioner has no bad antecedents.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Musiri, Trichirappalli District, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter, as and when required for interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. https://hcservices.ecourts.gov.in/hcservices/

7. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 03/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE MUSIRI, TRICHIRAPPALLI DISTRICT 2 -DO-THRO THE CHIEF JUDICIAL MAGISTRATE TRICHY DISTRICT 3 THE INSPECTOR OF POLICE THOTTIYAM POLICE STATION, TRICHY DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.R.KARUNANIDHI Advocate SR.No.27329 Sm:04.06.2015:2P/6C

ORDER

IN CRL OP(MD) No.9699 of 2015 Date :03/06/2015 https://hcservices.ecourts.gov.in/hcservices/