Ajees v. The Sub-Inspector Of Police

CRL OP NO. 247 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-01-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 247 of 2025 AJEES S/o. Saleem, No.2, K.K.Nagar Main Road, Thorapadi, Vellore, Vellore District - 632002. Petitioner(s) Vs The Sub-inspector Of Police Vellore South Police Station, Vellore District. (Crime No.434 Of 2024) Respondent(s) For Petitioner(s): Mr. M.R.Thangavel For Respondent(s): Mr.S.Santhosh,Government Advocate (Criminal Side).

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 5 & 7(3) of Tamil Nadu Prevention of Lotteries Regulation Act, 1998, and Section 318(4) of Bharatiya Nyaya Sanhita, (BNS), 2023, in Crime No.434 of 2024, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner was found selling banned lottery tickets illegally. Hence, the complaint.

3. Learned counsel for the petitioner submits that the petitioner is an innocent person who has been falsely implicated in this case. He further submits that the petitioner had previous cases pending from the year 2019 to 2023, but, there are no previous cases pending against him thereafter. He also submits that the petitioner is willing to abide by any condition that may be imposed by this Court, and therefore, he prays for the grant of anticipatory bail.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police opposed for granting anticipatory bail to the petitioner. He further submits that the petitioner sold banned lottery tickets to gullible people by luring them with attractive prize amounts. He also submits that the accused is an habitual offender with 27 previous cases pending against the petitioner. Therefore, if the petitioner is granted anticipatory bail, there is a possibility that he will commit a similar offence in the future.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl Side) for the respondent and perused the entire materials available on record.

6. This being the first application for anticipatory bail. Considering the facts and circumstances of the case, as well as the petitioner's bad antecedents and the 27 previous cases pending against him, this Court finds no change in circumstances that would warrant granting anticipatory bail to the petitioner. Therefore, this Court is not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, the Criminal Original Petition stands dismissed. 22-01-2025 klt To

1. The Sub-Inspector Of Police Vellore South Police Station, Vellore District. Crime No.434 Of 2024

A.D. JAGADISH CHANDIRA, J.

klt CRL.OP. No.247 of 2025 22-01-2025