Dhanasekaran v. State, Represented By The Inspector Of Police

CRL OP NO. 952 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.01.2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 952 of 2025 1.Dhanasekaran 2.Manikandan 3.Selvam petitioners(s) Vs The Inspector Of Police, Sankar Nagar Police Station, Chennai District.

Respondent(s) For petitioners(s):

P.Chandra Sekar For Respondent(s):

S.Santhosh Government Advocate (criminal Side).

ORDER

Apprehending arrest in connection with Crime No.719 of 2024, registered for the offences punishable under Section 7(3) Lotteries Regulation Act, 1998, the present petition has been filed seeking anticipatory bail. 2.Pleading innocence on the part of the petitioners, false implication in the case, learned counsel for the petitioners seeks indulgence of this court. He would submit that they are no way connected with this case and they are ready to abide by any stringent condition that may be imposed by this Court.

3.The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of anticipatory bail, is that on 24.12.2024, A1 and three unknown persons, by using their laptop and mobile phones illegally sold other State Lottery Tickets, without getting any valid licence or permit. The petitioners herein are A2, A9 and A10. He would further submit that A2 has 10 previous cases, A9 has two previous cases and A10 has one previous cases. 4.Having heard the learned counsel for the petitioners, and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record.

5.Taking into consideration the above facts and circumstances of the case and the submission made by the learned Government Advocate, this Court is not inclined to grant anticipatory bail to the first petitioner/A2. Accordingly, this Criminal Original Petition stands dismissed in respect of the first petitioner/A2. This Court is inclined to grant anticipatory bail to the 2nd and 3rd petitioners/A9 and A10, with certain conditions.

6.Accordingly, the 2nd and 3rd petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned District Munsif cum Judicial Magistrate at Pallavaram, on condition that the petitioners shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) each

with two sureties, each for a like sum to the satisfaction of the respondent police or the police officer who intend to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the 2nd and 3rd petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of his Aadhar card or Bank pass Book to ensure their identity; [b] the 2nd and 3rd petitioners shall report before the respondent police on every day at 10.30 a.m., until further orders; [c] the 2nd and 3rd petitioners shall not tamper with evidence or witness either during investigation or trial;

[d] the 2nd and 3rd petitioners 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 the 2nd and 3rd petitioners in accordance with law as if the conditions have been imposed and the the 2nd and 3rd petitioners 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];

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S.

20-01-2025 ah

To 1.The District Munsif cum Judicial Magistrate at Pallavaram. 2.The Inspector Of Police, Sankar Nagar Police Station, Chennai District.

3.The Public Prosecutor, High Court, Madras.

A.D.JAGADISH CHANDIRA, J.

ah CRL OP NO.952 of 2025 20.01.2025