Rihana v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Rihana

... Petitioner/Accused No.3

Vs The State, represented by The Inspector of Police, Pattukkottai Police Station, Thanjavur District. (Crime No.455 of 2023). ... Respondent/Complainant For Petitioner : Mr.J.Vishnu, 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.455 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :-

The petitioner/Accused No.3, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 5, 7(3) of Lotteries Regulation Act,1998, in Crime No.455 of 2023 on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that on secret information received by the respondent Police, they went to the occurrence place, at that time, the petitioner and others, sold the prohibited other State online lottery tickets. Hence, the complaint.

¶3The learned counsel for the petitioner would submit that the petitioner is an innocent, she has been falsely implicated in this case and without conducting any preliminary enquiry, this case has been registered.

¶4The learned Government Advocate (Crl. Side) for the respondent Police submitted that the property was seized and no previous case is pending against the petitioner.

¶5Considering the fact that the petitioner is not involved in any other case, the property was recovered and the petitioner has filed an undertaking affidavit to the effect that she will not indulge in any similar activities in future, this Court is inclined to grant anticipatory bail to the petitioner.

¶6Accordingly, 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, Pattukkottai, Thanjavur, 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.

¶7The petitioners 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/-

28/07/2023

/ TRUE COPY /

/08/2023

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023. INDU TO 1 THE JUDICIAL MAGISTRATE PATTUKOTTAI, THANJAVUR DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM. 3 THE INSPECTOR OF POLICE, PATTUKKOTTAI POLICE STATION, THANJAVUR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S.VISHNU.J Advocate SR.No.11499 ORDER IN CRL OP(MD) No.13281 of 2023 Date :28/07/2023 SA/VRS/SAR. /04.08.2023/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.