E. Vincent Rajan v. The Inspector Of Police

CRL OP(MD). No.16745 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/11/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.16745 of 2021 E.Vincent Rajan ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, Srirangam Police Station, Trichy District.

(Crime No.Not known) ... Respondent/Complainant For Petitioner : M/s.Anandakumar.N., Advocate.

For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime.No. Not known of 2021 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent Police for the offences punishable under Section 5 r/w 7

(3) of Lottery Regulation Act, in Crime No.not known of 2021, seeks anticipatory bail.

2.The case of the prosecution is that on 25.10.2021, when the respondent Police was conducting regular checkup, the petitioner was found selling lottery in the road side and on seeing the police party, he ran away from the scene of occurrence. Hence the complaint.

3.It appears that pursuant to the interim order passed by this Court, the petitioner has appeared before the respondent Police and the respondent Police has now taken a stand that the petitioner is not an accused. However, on previous occasion, the respondent Police has stated that on seeing the police officials, the petitioner ran away from the scene of occurrence and he was indulging in selling lottery in the road side.

4.It is unfortunate that how such allegation has been raised by the respondent police. Further, the respondent Police has not collected any material against the petitioner. Hence, considering https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.16745 of 2021 the fact that there is no material against the petitioner and that the petitioner is not an accused, this Criminal Original Petition is closed. However this Court directs the Superintendent of Police to verify the above facts and find out whether this petitioner has committed any offence or not, as the respondent Police is frequently taking a different stand.

sd/- 02/11/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1.The Superintendent of Police, Trichy District.

2.The Inspector of Police, Srirangam Police Station, Trichy District.

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

ORDER

IN CRL OP(MD) No.16745 of 2021 Date :02/11/2021 RS/PN/SAR2 (15.11.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2