Madras High CourtCRL OP(MD)/15370/2023granted

Selvam v. The Inspector Of Police

2023-08-24Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Selvam ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, Aranthangi Police Station, Pudukkottai District.

Crime No.422 of 2023.

... Respondent/Complainant For Petitioner :

Mr.K.C.Maniyarasu, Advocate For Respondent :

Mr.B.Nambiselvam, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.422 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused, who was arrested on 09.08.2023 for the alleged offence under Sections 5 and 7(3) of Lotteries Regulation Act, 1998, in Crime No.422 of 2023, on the file of the respondent police, seeks bail. 1/3

2. The case of the prosecution is that on 09.08.2023, when the respondent Police was in routine patrol duty, he found that the petitioner was selling the lotteries to the public, which is prohibited by the Tamil Nadu Government and the same was seized by the respondent Police. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent and is no way connected in the alleged offences.

4. The learned Additional Public Prosecutor appearing for the respondent Police submitted that there is one previous case pending against the petitioner, which is similar in nature.

5. Considering the fact and circumstances of this case and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner with certain conditions;

6. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a personal 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 Judicial Magistrate, Aranthangi, and on further condition that the petitioner shall report before the respondent Police daily at 10.30 a.m. until further orders.

7.The petitioner shall file an undertaking affidavit before the concerned trial 2/3

Court stating that he will not indulge in any such sort of illegal activities in future. If there is any violation of affidavit or if any fresh case is registered against him, the bail granted by this Court shall stand cancelled automatically without any reference to the Court.

sd/- 24/08/2023 / TRUE COPY / 24/08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Indu TO 1 THE JUDICIAL MAGISTRATE, ARANTHANGI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI. 3 THE INSPECTOR OF POLICE, ARANTHANGI POLICE STATION, PUDUKOTTAI DISTRICT.

4 THE OFFICER INCHARGE, SUB JAIL, PUDUKKOTTAI. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.K.C.MANIYARASU, Advocate ( SR-12722[I] dated 24/08/2023 ) ORDER IN CRL OP(MD) No.15370 of 2023 Date :24/08/2023 RS//SAR-(24.08.2023) 3P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3