BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Tuesday, the Thirteenth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.12081 of 2011 RAJ :PETITIONER / ACCUSED -Vs- THE STATE REP. BY THE INSPECTOR OF POLICE, AMMAPETTAI POLICE STATION, THANJAVUR DISTRICT. CR.NO. 307 OF 2011 :RESPONDENT / COMPLAINANT For Petitioner : M/S. A. RAHUL Advocate For Respondent : MR.A.RAMAR, ADDITIONAL PUBLIC PROSECUTOR. PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/accused apprehend arrest at the hands of the respondent police for the alleged offences punishable under section 7(3) of Lotteries Act 1998 in Crime No.307 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2.The learned counsel for the petitioner would submit that a false case has been foisted against the petitioner under section 7(3) of Lotteries Act 1998 and at the time of ban, lottery tickets worth Rs.7,200/- have been seized and investigation is considerably over and there is no bad antecedents and he apprehend for arrest and hence he come forward with this application and he prays for enlargement on anticipatory bail. 3.The learned Additional Public Prosecutor (Crl.side) submitted that investigation is going on. He fairly conceded that no previous case is pending against the petitioner and he prays for dismissal of this application. 4.Considering the rival submissions made by both sides, it could be seen that the alleged occurrence has been taken place on 30.8.2011 and the case has been registered on the same day stating that the petitioner was found in possession of banned lottery tickets of three states for the purpose of selling it. Admittedly, all the lottery tickets worth Rs.7,200/- have been seized and even though,the petitioner was not arrested he neither interfered with the investigation nor absconded from the jurisdiction, I am inclined to grant anticipatory bail to the petitioner with certain conditions. 5.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Papanasam, and 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 on further condition that the petitioner shall report before the court concerned daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under section 438 Cr.P.C. Scrupulously. 6.The petitioner shall appear before the concerned Magistrate with in a period of 15 days from the date on which the order copy made ready, failing which, anticipatory bail petition stands dismissed. sd/- 13/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO:1.The Judicial Magistrate, Papanasam, Thanjavur District. 2.-Do- Thro' The Chief Judicial Magistrate, Thanjavur District @ Kumbakonam. 3.The Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4.The Inspector of Police, Ammapettai Police Station, Thanjavur District. +1. CC to M/S. A. RAHUL Advocate SR.No.31243. RP/15.09.2011/1P/6C. ORDER IN CRL OP(MD) No.12081 of 2011,Date :13/09/2011 https://hcservices.ecourts.gov.in/hcservices/