Senthilkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1. Senthilkumar ... Petitioners/Accused No.1

2. Mahalakshmi

...Petitioner/

Accused Rank not known Vs The State rep.by, The Inspector of Police, Palani Town Police Station, Dindigul District.

In Crime No.336/2023.

... Respondent/Complainant For Petitioner : M/s.Karuna.V, Advocate.

For Respondent : Mr.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- AB For Anticipatory Bail in Crime No.336/2023 on the file of the respondent police. 1/4

ORDER : The Court made the following order :- The petitioner/accused No.1 who apprehends arrest at the hands of the respondent police for the offences punishable under sections 7(1) and 7(3) of Lotteries Regulation Act, 1998 in Crime No.336 of 2023, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 17.07.2023, the respondent police on secret information went the the place of occurrence and found the petitioners with banned lottery tickets. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that the first petitioner was arrested by the respondent police and later leased on bail by the respondent himself in the police station, after obtaining proper bond for appearance without sureties. The second petitioner is having no previous case.

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5. Since the first petitioner already released on bail by the respondent police himself, the matter become infructuous. Accordingly, this criminal original petition stands dismissed as infructuous in respect of the first petitioner.

6. Considering the facts and circumstances of the case and the second petitioner is having no previous case, this Court is inclined to grant anticipatory bail to the second petitioner with conditions.

7. Accordingly, this Criminal Original Petition is allowed in respect of the second petitioner and the second petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Palani, Dindigul, on condition that the second 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 second petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. The second petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

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8. The second 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/- 01/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

tm TO

1. The Judicial Magistrate, Palani, Dindigul District.

2. Do-Through The Chief Judicial Magistrate, Dindugal District.

3. The Inspector of Police, Palani Town Police Station, Dindigul District.

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

ORDER

IN CRL OP(MD) No.14045 of 2023 Date :01/08/2023 RK /VR(09/08/2023) 4P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4