P. Mohan @Mohanraj v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-03-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN P. Mohan @Mohanraj S/o. Late. Palanisamy, No.3/260, South Street, Thottipalayam, Vellamadai, Coimbatore - 641 110 Petitioner(s) Vs The Inspector Of Police Kovilpalayam Police Station, Coimbatore- 641107 Respondent(s) PRAYER To enlarge the Petitioner on Anticipatory Bail in the event of his arrest by the Respondent Police in Cr. No.43 of 2025 on the file of the Kovilpalayam Police Station, Coimbatore For Petitioner(s):

Mr. R. Premchandar For Respondent(s):

Mr. S. Santhosh, Government Advocate

ORDER

The petitioner / A2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 5, 7(3) of the Lotteries Regulation Act, 1988 in Crime No.43 of 2025, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that, on 02.02.2025, when the respondent and his team were on their regular patrol duty, they found that a person selling lottery tickets, banned in Tamilnadu. Thereafter, the respondent police arrested the co-accused / A1 and based on his confession, the petitioner has been included. Hence, the case.

3. Learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case and that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court, and prayed for anticipatory bail to the petitioner.

4. Learned Government Advocate (Crl. Side) appearing for the respondent Police reiterated the prosecution case and submitted that the lottery tickets seized from the co-accused/A1. He further submitted that the petitioner has one previous case.

5. Considering the nature of allegations and the lottery tickets seized from the co-accused and since the custodial interrogation of the petitioner is not required, this Court is inclined to grant anticipatory bail to the petitioner with 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 days from the date of receipt of copy of this order, before the learned Judicial Magistrate, Annur, on condition that the petitioner shall execute bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the said Magistrate, on further condition that: [a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the

surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner shall report before the respondent police for a period of one week and thereafter, as and when required for interrogation. [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. 05-03-2025 AT

To 1.The Inspector Of Police Kovilpalayam Police Station, Coimbatore- 641107

SUNDER MOHAN, J.

AT CRL OP No. 6127 of 05-03-2025