S Eswaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN S Eswaran ... Petitioner / Accused Rank not known Vs State represented by The Sub Inspector of Police, Sivakasi East Police Station, Virudhunagar District, (Crime No.354/2021.) ... Respondent / Complainant For Petitioner : M/s.Lakshmi Gopinathan, Advocate for M/s.Polax Legal Solutions 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.354 of 2021 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/Accused, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 5 & 7(3) of Lotteries Regulation Act, 1/4

1998 and Sections 420, 468 IPC in Crime No.354 of 2021 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the petitioner and other accused persons were involved in the illegal sale of fake lottery and the respondent police had recovered fake lottery ticket sand Rs.31,520/- from them. Hence, the complaint. 3.The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that this Court has granted anticipatory bail to the co-accused in Crl.O.P(MD).No.13474 of 2021 dated 24.11.2021.

4. The learned Government Advocate(Crl.Side) appearing for the respondent submits that no previous case is pending against the petitioner and also submitted that based on the confession statement of the co-accused alone, the petitioner's name was implicated in this case.

5.Considering the facts and the circumstances of this case and the grant of anticipatory bail to the co-accused, this Court is inclined to grant anticipatory bail to the petitioner, however, with stringent conditions. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, before the learned Judicial Magistrate Court No.II, Sivakasi, and on his executing a bond for a sum of Rs.10,000/-(Rupees Ten 2/4

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 on every Saturday at 10.30 am until further orders. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 7.The petitioner shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 18/07/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TTA To 1.The Judicial Magistrate No.II, Sivakasi.

2.Do through the Chief Judicial Magistrate, Virudhunagar District at Srivilliputhur.

3.The Sub Inspector of Police, Sivaksi East Police Station, Virudhunagar District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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+1 CC to M/s.POLAX LEGAL SOLUTIONS, Advocate ( SR-10958[I] dated 20/07/2023 )

ORDER

IN CRL OP(MD) No.13091 of 2023 Date :18/07/2023 ED/VR/SAR- (03/08/2023) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4