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Madras High CourtCRL OP/3756/2026granted

Ajith @ Ajith Kumar v. State Rep By The Inspector Of Police

2026-02-16Honourable Mr.Justice K.Rajasekar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.02.2026

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.3756 of 2026 Ajith @ Ajith Kumar ... Petitioner Vs.

State rep by the Inspector of Police, Ariyoor Police Station, Ariyoor, Vellore District.

... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in the event of his arrest in Cr.No.16 of 2026.

For Petitioner : Mr.Vinodh Kumar For Respondent : Ms.J.R.Archana Government Advocate (Crl. Side)

ORDER

The petitioner, who apprehends arrest for the alleged offence under Sections 5, 7(3) of Lotteries Regulation Act, 1998 and 318(4) of BNS (420 of IPC) in Cr.No.16 of 2026 on the file of the respondent police, seeks anticipatory bail.

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2. The case of the prosecution is that the petitioner joining hands with other accused involved in selling other state lottery tickets, which were banned in the State of Tamilnadu, which led to registration of the case. Hence, the present petition has been filed seeking anticipatory bail.

3. The learned counsel appearing for the petitioner submitted that the petitioner was falsely implicated in this case only based on the confession of the arrested co-accused. 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 A1 and A2 were arrested along with tickets and this petitioner is also having two previous cases of similar nature . He further submitted that investigation in this case is pending. Hence, he vehemently opposed the grant of anticipatory bail.

5. Heard both sides and perused the materials available on record.

6. Considering the fact that this is a case of violation of lottery regulation act. Though two previous reported and investigation in this case is 2/5

pending, 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-I, Vellore 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; (c) The petitioner shall report before the respondent police daily at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation;

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(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.

16.02.2026 Vv To

1. The Judicial Magistrate-I, Vellore

2. The Inspector of Police, Ariyoor Police Station, Ariyoor, Vellore District.

3.The Public Prosecutor High Court of Madras, Chennai 600 104.

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K.RAJASEKAR , J.

Vv Crl.O.P.No.3756 of 2026 16.02.2026 5/5