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Madras High CourtCRL OP/261/2026granted

Sathriyan v. The State, Inspector Of Police,

2026-01-08Honourable Mr.Justice K.Rajasekar7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-01-2026

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP No.261 of 2026 Sathriyan Petitioner Vs The State Rep by Inspector of Police Sendamangalam Police Station Namakkal District (Cr.No.269 of 2025) Respondent PRAYER:This Criminal Original Petition is filed under Section 482 of BNSS to grant Anticipatory Bail to the petitioner in the event of their arrest in Crime No. 269 of 2025 on the file of the Respondent police. For Petitioner(s):

Mr.T.Dhasarathan For Respondent:

Ms.J.R.Archana, Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehends arrest by the respondent police for the offences punishable under Sections 296(b), 5 and 7 (3) Lotteries Regulation Act 1998 r/w Section 318 (4) of BNS (420 of IPC) in Crime No.269 of 2025 seeks anticipatory bail.

2.The allegation against the petitioner is that the petitioner involved in selling the Kerala lottery tickets joining hands with other accused. Hence, the case was registered and A1 in this case was arrested with lottery tickets. Based on the statement recorded from A1, this petitioner is also added as an accused. 3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case and he is ready to abide by any condition. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution's case and on instructions, submitted that the A1 was arrested with ten lottery tickets and the petitioner is also having eight previous cases out of which three are similar in nature. Hence, he opposed for grant of anticipatory bail to the petitioner.

5. Heard the learned counsel for the petitioner as well as the learned Government Advocate (Crl.side) and perused the materials available on record.

6. Considering the submissions made by the learned counsel on both sides and nature of allegation and the fact that it is case of selling the lottery

tickets, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate, Sendamangalam - Namakkal District on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand Only), with two sureties, each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions that: (a) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioner shall report before the respondent police, everyday at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation; (c) the petitioner shall not tamper with evidence or witness either during investigation or trial; (d) the petitioner shall not abscond either during investigation or trial;

(e) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the

K.RAJASEKAR J.

gv conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

08.01.2026 gv To 1.The Judicial Magistrate, Sendamangalam - Namakkal District 2.Inspector of Police Sendamangalam Police Station Namakkal District

3. The Public Prosecutor, High Court of Madras.

CRL.OP.No.261 of 2026