Moosa v. The State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-02-2026

CORAM

THE HON'BLE MR.JUSTICE K.RAJASEKAR Moosa S/o.Mohammed Thasthaheir, No.104, Kottaiputhur, G.M.nagar, Ukkadam, Coimbatore District-641001.

..Petitioner(s) Vs The state rep.by, The Inspector of Police, B1 Bazaar Police Station, Coimbatore District.

Cr.No.25 of 206.

..Respondent(s) PRAYER: To enlarge the petitioner on bail, in the event of his arrest, in Cr.No.25 of 2026 on the file of the Inspector of Police, B1 Bazaar Police Station, Coimbatore District.

For Petitioner(s):

M/S.C.D.Sugumar For Respondent(s):

M/S.J.R.Archana Government Advocate (Crl.Side)

ORDER

The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 5 & 7(3) Lotteries Regulations Act in Crime No.25 of 2026, seeks anticipatory bail.

2. The allegation against the petitioner is that the petitioner joined hands with other accused involved in the illegal online selling of banned Kerala lottery tickets to the general public. Hence, the case has been registered.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. The petitioner has been implicated falsely in this case. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) would submit that the petitioner, along with the co-accused, was involved in online selling Kerala lottery tickets which were banned by the State Government. She further submitted that there are 9 previous cases pending against the petitioner. Hence, she vehemently opposed the grant of anticipatory bail to the petitioner.

5. Considering the nature of the offences, though it is stated that 9 previous cases are reported against the petitioner, considering the manner in which the occurrence had taken place, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Judicial MagistrateV, Coimbatore District, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition:

(a) If the petitioners fails to surrender before the concerned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;

(c) 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; (d) On breach of any of the aforesaid conditions, the

learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

(e) If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

05-02-2026 MPA To 1.The Judicial Magistrate-V, Coimbatore District. 2.The state rep.by, The Inspector of Police, B1 Bazaar Police Station, Coimbatore District.

Cr.No.25 of 206.

3.The Public Prosecutor, High Court, Madras.

K.RAJASEKAR, J.

MPA 05-02-2026