M.Ravi Sankar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN M.Ravi Sankar, (Wrongly Shown as Ravi in FIR) ... Petitioner/Accused No.1 Vs State Rep.by The Inspector of Police, Sivakasi East Police Station, Virudhunagar District.
Crime No.170 of 2023..
... Respondent/Complainant For Petitioner : M/s.Dilipkumar N, Advocate.
For Respondent : Mr.B.Nambiselvan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.170 of 2023 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/Accused No.1, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 420 of IPC and sections 5 and 7(3) of Lotteries Regulation Act, 1998, in Crime No.170 of 2023 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that during police surveillance they noticed the 2nd and 3rd accused in doubtful manner and on enquiry came to know that they were possession bit papers with 3⁄4 digits written upon them for the purpose of selling them as Kerala lotteries to general public.
3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case.
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4. On the ground that the second accused was released by the respondent on the date of arrest itself on police bond, this petition has been filed, stating that only based upon the confession of the above said accused, this petitioner has been implicated.
5. The learned Additional Public Prosecutor for the respondent police submitted that the petitioner is not involved in similar cases on the previous occasion and no bad antecedents have been reported in respect of the petitioner. The second accused was arrested on the spot itself along with money and some chits. He has implicated this petitioner.
6. Since the second accused has been released on the date of arrest by the respondent, this Court is inclined to grant anticipatory bail to the petitioner.
7. Accordingly, this Criminal Original Petition is allowed and petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate No.II, Sivakasi, on condition that the petitioner shall execute 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 the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
8. 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/- 06/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TM TO 1 THE JUDICIAL MAGISTRATE NO.II SIVAKASI.
DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT @ SRIVILLIPUTHUR.
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3 THE INSPECTOR OF POLICE SIVAKASI EAST POLICE STATION, VIRUDHUNAGAR DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.N.DILIP KUMAR, Advocate (SR-10401[I] dated 07/07/2023 )
ORDER
IN CRL OP(MD) No.12297 of 2023 Date :06/07/2023 PKP/BUC/SAR- /10.07.2023/ 3P/6C 3/3