Rajapandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/12/2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Rajapandi, ... Petitioner / 2nd Accused Vs State Rep. By The Inspector of Police, Avudaiyarkovil Police Station, Pudukottai District (Crime No. 418 of 2021).

... Respondent/Complainant For Petitioner : M/s. Lenin Kumar.T., 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. 418 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.2, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 5 and 7(3) of Lotteries Regulation Act, 1998, in Crime No.418 of 2021 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on receipt of secret information the respondent police was on surveillance. At that time A1 sent Lottery ticket numbers to the petitioner's mobile phone. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that already the petitioner was

arrested and released on bail in Crime No.16 of 2019 for the offence under Section 302 IPC.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that based on the confession of A1, the petitioner was implicated in this case. Recovery has been made.

5. Considering the facts and circumstances of the case and considering the statement of co-accused this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is allowed and petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Aranthangi on condition that the petitioner shall execute 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 daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 15/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TM 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, ARANTHANGI.

2.DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT.

3.THE INSPECTOR OF POLICE, AVUDAIYARKOVIL POLICE STATION, PUDUKOTTAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.19259 of 2021 Date :15/12/2021 SB/PN/SAR-I/23.12.2021/3P/5C