Nagarajan v. The Inspector Of Police

CRL OP(MD). No.18221 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/12/2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.18221 of 2021

1. Nagarajan

2. Krishnamoorthy ... Petitioners/Accused -5 & 6 Vs The State rep.by, The Inspector of Police, Bazaar Police Station, Ramanathapuram, (Crime No.481 of 2021) ... Respondent/Complainant For Petitioners: Mr.K.Muthu Ganesa Pandian, Advocate.

For Respondent : Mr.S.S.Madhavan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL UNDER SEC.438 OF CR.P.C PRAYER :-For Anticipatory Bail in Crime No.481 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused Nos.5 & 6, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 5 and 7(3) of Lotteries Regulations Act, 1998, in Crime No.481 of 2021, seek anticipatory bail.

2.The case of the prosecution is that the accused persons had sold the lottery tickets banned by the Government of Tamil Nadu. Hence, the complaint.

3.The learned counsel for the petitioners would submit that based on the confession given by the first accused, the petitioners have been arrayed as accused in this case.

4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioners were very much available at the place of occurrence and found in possession of banned lottery tickets and on seeing the police party, they were flew from that place. He would further submit that the lottery tickets and money have been recovered from the place of occurrence and as per the confession given by the first accused, other accused have been implicated in this case.

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CRL OP(MD). No.18221 of 2021 5.Considering the facts and circumstances of this case, properties have already been recovered, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, before the learned Judicial Magistrate No.I, Ramanathapuram and on their executing 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 and the petitioners shall appear before the respondent police daily at 10.30 am for a period of one month and thereafter, as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously.

7.The petitioners 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/- 06/12/2021 / 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 JUDICIAL MAGISTRATE NO.I, RAMANATHAPURAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE BAZAAR POLICE STATION, RAMANATHAPURAM.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to Mr.K.MUTHU GANESA PANDIAN, Advocate ( SR-8907[I] dated 07/12/2021 )

ORDER

IN CRL OP(MD) No.18221 of 2021 Date :06/12/2021 PNM MK/PN/SAR.II/09.12.2021/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2