Muthusamy v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-02-2026

CORAM

THE HON'BLE MR.JUSTICE K.RAJASEKAR Muthusamy ..Petitioner(s) Vs The State Rep.by., The Inspector of Police Pallikonda Police Station, Pallidonda Vellore District (Crime No. 14 of 2026) ..Respondent(s) Prayer: This petition is filed under Section 482 of BNSS to enlarge the petitioner on Bail in the event of his arrest, pending investigation in the Crime No. 14 of 2026, on the file of the Pallikonda Police Station, Pallidonda Vellore District.

For Petitioner(s):

Vinodh Kumar G.Sathish Kumar

For Respondent(s):

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

ORDER

The petitioner, who apprehends arrest by the respondent police for the offences punishable under Section 5,7(1) of Lotteries Regulation Act 1998 and 318 (4) of BNS ( 420 of IPC) in Crime No.14 of 2026 seeks anticipatory bail. 2.The case of the prosecution is that when the respondent police were on routine checkup they found that A1 in this case is selling the lotteries to general public. Based on the confession give by A1 they found that the petitioner along with other accused involved in the offence of selling the lotteries tickets. Hence, the complaint.

3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he is ready to abide by any conditions that may be imposed by this Court. 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 case and submitted that the petitioner along with other accused were selling lottery tickets to the general public and the same was seized. He further submitted that there is no previous

case pending against him. However, he opposed for grant of anticipatory bail to the petitioner.

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

7. Considering the submissions made by the learned counsel on either side and the fact that the lottery tickets were seized and there is no previous case pending against the petitioner, 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 No.V, Vellore, 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition 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 four 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 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.

06-02-2026 Index: Yes/No Speaking/Non-speaking order SMN

To

1. The Judicial Magistrate No.V, Vellore 2.The Inspector of Police Pallikonda Police Station, Pallidonda Vellore District 3.The Public Prosecutor, High Court, Madras.

K.RAJASEKAR, J.

SMN 06-02-2026