Revathi v. State Of Tamilnadu, Rep. By Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-04-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN

1. Revathi W /o Murugan, No. 15, 2nd Street, TVK Nagar, Tiruppur District

2. Chandra 3/B, Soranaburi, Lay Out Extn 2nd Street, Guayithemillath Nagar, Tiruppur District Petitioner(s) Vs

1. State of Tamilnadu, Rep. by Inspector of Police, Nallur Police Station, Tiruppur City, Tiruppur District. (Cr. No. 24O of 2025) Respondent(s) PRAYER To enlarge the petitioners on bail in the event of his arrest concern in Crime No. 24O of 2025 on the file of the inspector of police, Nallur Police Station, Tiruppur city, Tiruppur District

For Petitioner(s):

Rajadurai For Respondent(s):

S.Santhosh, Government Advocate (Crl.side)

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 318(4) of BNS, 2023 (420 of IPC) and under Section 5, 7(3) of Tamil Nadu Lotteries Regulation Act, 1998, in Crime No.240 of 2025, seeks anticipatory bail. 2.

The case of the prosecution is that the petitioners cheated the defacto complainant by selling lottery tickets, promising a prize of Rs.1,00,000/- and that the defacto complainant had not got any prize. Hence, the complaint. 3.

The learned counsel for the petitioners would submit that the petitioners are innocent; that they have been falsely implicated in this case; and that the petitioners have no bad antecedents. Hence, he prays for grant of anticipatory bail.

4.

The learned Government Advocate (Crl. Side) reiterated the prosecution case and on instructions submitted that A1 and A2 were arrested and released on bail; and based on the confession of co-accused, the above petitioners were arrayed as an accused. Hence, he opposed for grant of anticipatory bail.

5.

Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side) for the respondent and perused the materials available on record.

6.

Considering the nature of allegations; the main accused were arrested and released on bail; that the petitioners have no bad antecedents; and since custodial interrogation of the petitioners is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners with 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 days from the

date on which the order copy is made ready, before the learned Judicial Magistrate No.IV, Tiruppur, on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, 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 petitioners 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 petitioners shall report before the respondent police daily at 10.30 a.m., until further orders.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial;

[d] the petitioners 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 Petitioners in accordance with law as if the conditions have been imposed and the Petitioners 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 BNS.

gbi 25-04-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.State of Tamilnadu, Rep. by Inspector of Police, Nallur Police Station, Tiruppur City, Tiruppur District.

2.The Judicial Magistrate No.IV, Tiruppur.

3.The Public Prosecutor, High Court of Madras, Madras.

SUNDER MOHAN J.

gbi CRL OP No. 12835 of 25-04-2025