IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 16TH JUNE 2010 / 26TH JYAISTHA 1932 Bail Appl..No. 2665 of 2010() ------------------------------------ CRIME NO.527/2010 OF PALA POLICE STATION. ......... PETITIONER/ACCUSED -------------------------------------- K.C.JOSEPH, S/O.CHUMMAR, KONGAMALA HOUSE, VELLIYAPPALLI (PO), PALA. BY ADV. SRI.SOORAJ T.ELENJICKAL RESPONDENT(S): STATE & COMPLAINANT ----------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, PALA POLICE STATION, PALA. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.HEMA, J. ------------------ B.A. No. 2665 of 2010 ----------------------------- Dated this the 16th day of June, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 420 and 294(A) of the Indian Penal Code. According to prosecution, petitioner was engaged in the sale of “single digit lottery tickets” with a view to cheat the Government. The single digit lotteries are prohibited by the Kerala Government. 3. Learned counsel for petitioner submitted that petitioner is a lottery agent and the police searched the business premises of the petitioner and found some computer print-outs relating to 'Sky Lot' lottery, which was prohibited. Thereafter, a crime is registered, alleging offences under Sections 420 and 294(b) of the Indian Penal Code. The offences relating to lottery are bailable, but with a view to harass petitioner, offence under Section 420 of the Indian Penal Code is included, it is submitted. 4. Learned Public Prosecutor submitted that single digit lottery is prohibited in Kerala but in spite of the prohibition, petitioner was engaged in sale of single digit lottery tickets. This will cause loss to the Government and hence crime was registered against petitioner. B.A. No. 2665 of 2010 2 5. On hearing both sides, it is clear that on the issue regarding to prohibition of single digit lottery, a matter is pending before the Supreme Court and stay is granted against the judgment of this Court by which the prohibition imposed by Kerala Government was confirmed. There are only vague allegations that offence under Section 420 of the Indian Penal Code is committed. On considering the various aspects, I find that anticipatory bail can be granted, failing which petitioner will suffer irreparable injury. Hence the following order is passed. 1. Petitioner shall surrender before the Magistrate Court concerned within seven days from today. 2. On such surrender, he shall be released on bail on his executing a bond for Rs. 25,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate on conditi9on that he will co-operate with investigation and report before the investigating officer as and when directed. This petition is allowed. K. HEMA, JUDGE ln