Gopal Alias Gopalakrishnan v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.03.2026

CORAM

THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Gopal @ Gopalakrishnan ... Petitioner Vs.

State Represented by The Inspector of Police, Bagayam Police Station, Vellore District.

(Crime No.24/2026) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioner on anticipatory bail in the event of his in connection with Crime No.24 of 2026 on the file of the respondent, Bagayam Police Station, Vellore District. For Petitioner : Mr.M.Rajasekar For Respondent : Mr.P.Dhileepan Government Advocate (Crl.Side) 1/6

ORDER

The petitioner apprehends arrest for the alleged offence under Sections 5, 7(3), Lotteries Regulation Act, 1998, and 318(4) BNS, in Crime No.24 of 2026 on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that on 31.01.2026, while the respondent police were on routine patrol duty in the morning and acting on secret information received over the phone, they proceeded to the spot. On reaching the spot, the respondent police noticed a group of members of the public gathered there. On seeing the police party, some persons ran away. Ajith, Ravishankar and Askar, who were present there, were apprehended and questioned. During enquiry, it was found that they were in possession of Government banned fake printed lottery tickets, cash, a small notebook and an ink pen. The said items were seized from them. Ajith voluntarily gave a statement without any coercion, threat, or inducement. Hence, the present case.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the defacto complainant and he has been falsely implicated in this case. He further submitted that the petitioner is arrayed as A5 and that the other accused, 2/6

namely A1 to A3, have already obtained bail from this Court in Crl.O.P.Nos.4217 & 5225 of 2026 respectively. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court and that there is no previous case against him. Hence, he prayed to grant anticipatory bail to the petitioner.

4. At this juncture, the learned Government Advocate (Crl.Side) would draw the attention of this Court to the fact that the present accused has been implicated in the offence only on the basis of the confession made by the first accused. Hence, he opposed the grant of anticipatory bail to the petitioner.

5. From the submissions made by the learned counsel for the petitioner, it is apparent that the main accused, namely A1 to A3 have already been enlarged on bail. In such view of the above and also taking into consideration the fact that the First Information Report was registered on 31.01.2026, this Court is of the view that at this length of time no custodial interrogation of the petitioner is necessary. Hence, this Court is inclined to grant anticipatory bail to the petitioner, subject to 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 3/6

the date on which the order copy is made ready, before the Judicial Magistrate Court, 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 of the learned Magistrate concerned, and on further conditions:

(a) If the petitioner fails to surrender before the concerned learned 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., and 5.30 p.m., for a period of 60 days and thereafter, as and when required for interrogation;

(d) the petitioner shall not abscond either during investigation or trial;

(e) the petitioner shall not tamper with the evidence or witness either during investigation or trial; (f) 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 4/6

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];

(g) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

06.03.2026 dna To 1.The Judicial Magistrate Court, Vellore.

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

(Crime No.24/2026) 3.The Public Prosecutor, High Court of Madras.

5/6

C.KUMARAPPAN.

J.

dna Crl.OP.No.5164 of 2026 06.03.2026 6/6