Kannan v. State Represented By Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.02.2026
CORAM
THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.3032 of 2026 Kannan ... Petitioner Vs.
State represented by Inspector of Police, Pallapatty Police Station, Salem City.
... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in the event of arrest in Cr.No.7 of 2026 on the file of the respondent police. For Petitioner : Mr.B.Vetrivel For Respondent : Ms.J.R.Archana Government Advocate (Crl. Side)
ORDER
The petitioner, who apprehends arrest for the alleged offence under Section 7(3) of Lotteries Regulations Act, 1998 in Cr.No.7 of 2026 on the file of the respondent police, seeks anticipatory bail. 1/5
2. The case of the prosecution is that on 10.10.2026, while the respondent police team had conducted a raid at Peramanur road junction, they found that t A1 had possessed five numbers of banned lottery tickets, the same was sold to the general public for his personal gain, which led to registration of the case. Hence, the present petition for anticipatory bail.
3. The learned counsel appearing for the petitioner submitted that the petitioner's name was not mentioned in the FIR, he has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that the petitioner is ready to cooperate for the investigation and also ready and willing 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 (Criminal Side), appearing for the respondent police, reiterated the prosecution case and submitted that the petitioner is having 42 previous case and the property were recovered from the petitioner. He further submitted that after investigation final report has been filed through e-filing. Hence, he vehemently opposed the grant of anticipatory bail.
5. Heard both sides and perused the materials available on record. 2/5
6. Considering the nature of allegations, though it is submitted that the petitioner is having 42 previous cases, considering the fact that investigation in this case has been concluded and final report also filed through e-filing and it is a case of possession of five lottery tickets, I am inclined to grant anticipatory bail to the petitioner, subject to 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 (15) days from the date on which the order copy made, before the learned Judicial Magistrate-II, Salem 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 learned Magistrate concerned, and on further condition that:
(a) If the petitioner 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; 3/5
(c) The petitioner shall report before the learned Judicial Magistrate-II, Salem on all working days at 10.30 a.m., for a period of three 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory 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 Act.
09.02.2026 Vv To 1.The Judicial Magistrate-II, Salem.
2.The Inspector of Police, Pallapatty Police Station, Salem City.
3.The Public Prosecutor High Court of Madras, Chennai 600 104.
4/5
K.RAJASEKAR , J.
Vv Crl.O.P.No.3032 of 2026 09.02.2026 5/5