Kumaresan v. The State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.02.2026
CORAM
THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.4859 of 2026
1. Kumaresan
2. Jayachandran ... Petitioners Vs.
State rep by The Inspector of Police, Thiruvallam Police Station, Katpadi, Vellore District.
... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioners on bail in the event of their arrest in Cr.No.14 of 2026 on the file of the respondent police. For Petitioners : Mr.K.Sathish Kumar For Respondent : Ms.J.R.Archana Government Advocate (Crl.side)
ORDER
The petitioners, who apprehend arrest for the alleged offence under Sections 5 and 7(1) of Lotteries Regulation Act, 1998 r/w Section 318(4) of BNS 2023 in Cr.No.14 of 2026 , on the file of the respondent police seek anticipatory bail.
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2. The case of the prosecution is that the petitioners herein joining hands with another accused involved in selling the Kerala banned lottery tickets in Tamilnadu, which led to the registration of the FIR. Hence, the present petition has been filed by the petitioner for seeking anticipatory bail. 3.The learned counsel appearing for the petitioners submitted that the petitioners herein have not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that A1 in this case has been taken into custody. He further submitted that the petitioners are ready to cooperate with the investigation. Hence, he prayed for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioners herein are the main accused, who sold the banned Kerala lottery tickets in Tamilnadu. He further submitted that the petitioners are having seven previous cases and investigation in this case is pending. Hence, he vehemently opposed for the grant of anticipatory bail to the petitioners.
5. Heard both sides and perused the materials available on record.
6. Considering the nature of allegations and the fact that A1 in this was arrested and released on bail. Though investigation in this case is 2/5
pending, I am inclined to grant anticipatory bail to the petitioners, subject to certain conditions.
7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance within a period of fifteen (15) days from the date on which the order copy made, before the learned Judicial Magistrate, Katpadi, Vellore District on condition that each of the petitioners shall execute separate bonds 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 petitioners 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 petitioners shall report before the Judicial Magistrate, Katpadi, Vellore District daily at 10.30a.m., for a period of four 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.
26.02.2026 Vv To
1. The Judicial Magistrate, Katpadi, Vellore District
2. The Inspector of Police, Thiruvallam Police Station, Katpadi, 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.4859 of 2026 26.02.2026 5/5