Fajarudeen v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Fajarudeen ... Petitioner / Accused No.2 Vs The State rep by The Inspector of Police, Kumbakonam East Police Station, Thanjavur District.

(Crime No.374/2023).

... Respondent / Complainant For Petitioner :

P.Veerapandi, Advocate.

For Respondent :

Mr.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.374/2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 5, 7(3) of Lotteries Regulation Act, 1998, in Crime No.374 of 2023, on the file of the respondent police, seeks anticipatory bail. 1/3

2. The case of the prosecution is that the petitioner was found in illegal possession of banned 4 Kerala Lottery seetu / Tokens. Hence the complaint.

3. The learned counsel for the petitioner submits that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He further submitted that only confession statement given by the co-accused, the petitioner's name was wrongly implicated in this case.

4. The learned Government Advocate(Crl.Side) appearing for the respondent submits that no previous case is pending against the petitioner.

5. Considering the facts and circumstances of this case and also of the fact that the petitioner is not having any previous cases, 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 No.I, Kumbakonam, and on his executing 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 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 2/3

of fifteen days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail will stand dismissed. sd/- 11/08/2023 / 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.I, Kumbakonam.

2.Do through the Chief Judicial Magistrate, Thanjavur District at Kumbakonam.

3.The Inspector of Police, Kumbakonam East Police Station, Thanjavur District.

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

+1 CC to M/s.P.VEERAPANDI, Advocate ( SR-12307[I] dated 16/08/2023 )

ORDER

IN CRL OP(MD) No.14690 of 2023 Date :11/08/2023 ED/VRS/SAR- (29/08/2023) 3P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3