B.Anandhan v. The State, Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.03.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN B.Anandhan ... Petitioner /Accused Vs.
The State, rep by The Inspector of Police, Thiruvanmiyur Police Station, Chennai District.
... Respondent/ Complainant Crime No.60 of 2025 Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nyaya Sanhita, 2023, to enlarge the petitioner on anticipatory bail, in the event of his arrest in Crime No.60 of 2025 pending investigation on the file of the respondent police.
For petitioner : Mr.J.Ganesh For Respondent : Mr.S.Santhosh, Government Advocate (Crl.Side)
O R D E R
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 7(3) of the Lotteries Regulation Act, 1998, in Crime No.60 of 2025 seeks anticipatory bail. Page No.1 of 8
2. It is the case of the prosecution that the first accused was engaged in selling online lottery tickets to customers and the petitioner/ second accused was implicated based on the confession of the first accused.
3. Learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case and prayed for anticipatory bail to the petitioner.
4. Learned Government Advocate (Crl.Side) appearing for the respondent police, while opposing for grant of anticipatory bail to the petitioner, reiterated the prosecution case and on instructions submitted that the petitioner has two previous cases of similar nature and he is in bail in those cases.
5. Considering the nature of allegations; that the petitioner is sought to be implicated based on the confession of the co-accused; the fact that the petitioner is on bail in two previous cases;
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and that custodial interrogation of the petitioner is not required for the purpose of investigation, 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 on which the order copy made ready, before the learned XVIII Metropolitan Magistrate Court, Saidapet, on condition that the petitioner shall execute a separate 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 learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and 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 Page No.3 of 8
respondent police daily at 10:30 a.m.
[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 Supreem Court in "P.K.Shaji -vs- State of Kerala" reported in (2005) AIR SCW 5560.
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
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Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No skr Page No.5 of 8
To
1. The Inspector of Police, Thiruvanmiyur Police Station, Chennai District.
2. The Public Prosecutor, Madras High Court, Chennai.
3. XVIII Metropolitan Magistrate Court, Saidapet. Page No.6 of 8
SUNDER MOHAN, J.
skr Page No.7 of 8
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