Kajendrakumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Kajendrakumar ... Petitioner/ Sole Accused Vs State represented by The Inspector of Police, Vallathira kottai Police Station, Pudukkottai, Cr.No.53 of 2023.
... Respondent/Complainant For Petitioner :
M/s.D.Rameshkumar, Advocate.
For Respondent :
Mr.S.Manikandan Government Advocate (Crl.side) PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.53 of 2023 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioners/ Accused apprehends arrest at the hands of the respondent police for the offences under Sections 5, 7(3) of Lotteries Regulation Act, 1998, in Crime No.53 of 2023, on the file of the respondent police, seeks anticipatory bail. 1/4
2. The case of the prosecution is that on 18.07.2023, when the respondent police was in patrol duty,the petitioner was found selling Kerala Lottery Ticket in the place of occurrence. On seeing the police, the petitioner ran away from the spot. Hence the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent, he has been falsely implicated in this case and he has not committed any offence as alleged by the prosecution.
4. The learned Additional Public Prosecutor would submit that the petitioner has been selling banned Kerala Lottery Tickets and escaped from the place, leaving the lottery tickets and mobile phones. The same were recovered.
5. The learned counsel for the petitioner submitted that the petitioner has filed an undertaking affidavit that he will not indulge in such activities in future.
6. Considering the facts and circumstances of this case and also recording the said undertaking, this Court is inclined to grant relief to the petitioners.
7. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate No.I, Pudukkottai, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned 2/4
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 of 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 is made ready, failing which, the petition for anticipatory bail will stand dismissed. sd/- 17/08/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
pnn To 1 THE JUDICIAL MAGISTRATE NO.I, PUDUKKOTTAI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.
3 THE INSPECTOR OF POLICE, VALLATHIRA KOTTAI POLICE STATION, PUDUKKOTTAI.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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ORDER
IN CRL OP(MD) No.14226 of 2023 Date :17/08/2023 RS/JGB/SAR-(08.09.2023) 4P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4