S Madhaiyan v. State Rep By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.04.2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN S.Madhaiyan @ M.G.Nath Petitioner/A3 Vs State Rep By, The Inspector Of Police Bhavani Police Station, Erode District.
(Cr.No.724 of 2024) Respondent(s) Prayer:
Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioner on bail in the event of arrest in Crime No.724 of 2024 on the file of the respondent police.
For petitioner(s): Mr.Vijaya Kumar For Respondent(s):Mr.S.Santhosh, Government Advocate (Crl.Side)
ORDER
The petititioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 318(4) of the BNS Act r/w Section 7(3) of the Lotteries Regulation Act, 1998 in Crime No.724 of 2024, on the file of the respondent police, seeks 1/5
anticipatory bail.
2.This is the second anticipatory bail petition. The case of the prosecution is that the petitioner was found in possession of banned lottery tickets and hence a case was registered. 3.The learned counsel appearing for the petitioner would submit that the banned lottery was not seized from the petitioner, it was seized from co-accused Ravi; that he has been implicated on the confession of co-accused; and thus prayed for anticipatory bail to the petitioner. 4.The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner has seven previous cases; that pursuant to the order passed in the earlier bail application which was dismissed as withdrawn on 02.01.2025; respondent has now filed a final report. 5.Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal side) for the respondent and also perused the materials available on record.
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6.Though the earlier anticipatory bail petition was dismissed as withdrawn, the respondent Police has not chosen to arrest the petitioner so far. The respondent has now filed a final report. The petitioner is on bail in the earlier cases. This Court is of the view that custodial interrogation of the petitioner is not required for the purpose of investigation at this stage. Hence, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate - I, Bhavani on condition that the petitioner shall execute a separate bond for a sum of Rs.
[a]the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and 3/5
the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
SUNDER MOHAN, J.
ep [b] the petititioner shall report before the respondent police every day at 10:30 a.m., until further orders; [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].
[f]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
24.04.2025 ep To
1. The Inspector Of Police Bhavani Police Station, Erode District.
2. The Judicial Magistrate - I, Bhavani.
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3.The Public Prosecutor, High Court Madras.
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