ORDER

Petitioner is the 5th accused in C.C.No.218 of 2015 pending before the Chief Judicial Magistrate, Ernakulam. The following is a brief narration of the essential facts;

The Government of Sikkim appointed M/s.Martin Lottery Agencies Ltd.( 'MLAL' for short ) as its sole distributor for Kerala, to market and sell lottery tickets organised and conducted by the Government of Sikkim. For this purpose, agreements were entered into between MLAL represented by its Director, Santiago Martin and the Government of Sikkim. The conduct and sale of lotteries ought to have been in accordance with the Lotteries (Regulation) Act , 1998 ('the Act' for short), and after its introduction on 1.4.2010, the Lotteries (Regulation) Rules, 2010 ('the Rules' for short). On 9.11.2010, Crime No.754 of 2010 was registered at the Museum Police Station, Thiruvananthapuram against Sri.Santiago Martin, Managing Director of MLAL and Sri.John Kennedy, Proprietor, Megha Distributors, Palakkad for the offences under Section 420 read with 34 of IPC, Sections 4 (d) and 4(f) read with 7(3) of the Act and Rules 3(5) and 3(17) of the Rules. The crime was registered based on a written complaint received from the Head of t