Vinayagamoorthy v. State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-03-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN Vinayagamoorthy S/o. Sangaralingam, No.26/11/31, Anna Nagar, 12th Street West, Mangalapuram, Chidambara Nagar, Thoothukkudi - 628008 Petitioner(s) Vs State Rep.By, The Inspector Of Police, Anna Square Police Station, Triplicane District. (CrimeNo.86 of 2025) Respondent(s) PRAYER To enlarge the petitioner on bail in the event of his arrest in Crime No.86 of 2025 on the file of Respondent Police For Petitioner(s):

Mr. K. Rahul For Respondent(s):

Mr. S. Santhosh, Government Advocate

ORDER

The petitioner / A6, who apprehends arrest at the hands of the respondent police for the offence punishable under Section 7(3) of Lottery Regulation Act, 1998 in Crime No.86 of 2025, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that, on 20.02.2025, the respondent on their routine check-up, on suspicion found that the petitioner along with other accused doing on-line lottery link in google and found on-line lottery app with their respective mobile phones. 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 further submitted that the petitioner is a physically challenged person and submitted 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, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case and on instructions submitted that A1 to A5 were arrested and still in custody. He further submitted that summon was issued to the petitioner for enquiry.

5. Considering the facts and circumstances of the case, nature of allegations, the fact that the petitioner is a physically challenged person and since 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 II Metropolitan Magistrate, Egmore, Chennai, 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 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. 06-03-2025 Index:Yes/No AT

To 1.State Rep.By, The Inspector Of Police, Anna Square Police Station, Triplicane District. (CrimeNo.86 of 2025)

SUNDER MOHAN, J.

AT CRL OP No. 6277 of 06-03-2025