Vinoth Kumar v. State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29-04-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN
1. Vinoth Kumar S/o.Damodaran, 417-1/431, Annanagar 4th Cross, Ponnammapet, Puthumariammam Koil, Salem-636003.
2. M.Ravi S/o.Mani, Alamaram Poyar Street, Allikuttai, Puthumariammam Koil, Salem-636003.
Petitioner(s) Vs
1. State rep. by Inspector of Police, Veeranam Police Station, Salem City. Crime.No.273 of Respondent(s) PRAYER To enlarge the petitioners on bail in the event their arrest in Crime No.273 of
2025 pending investigation on the file of the respondent police and thus render justice.
For Petitioner(s):
Mr.L.Ramanathan For Respondent(s):
Public Prosecutor
ORDER
The petitioners, who apprehend arrest at the hands of the respondent for the offences punishable under Sections 7(1) & 7(3) of Lotteries Regulation Act, 1998 in Crime No.273 of 2025, on the file of the respondent Police, seek anticipatory bail.
2. The case of the prosecution is that on 15.04.2025, the respondent police found the petitioners in possession of 15 fake lottery tickets. Hence, the case.
3. Learned counsel appearing for the petitioners submitted that the petitioners are innocent; that they have been falsely implicated in this case; and that in any case, the custodial interrogation of the petitioners are not required and sought anticipatory bail to the petitioners.
4. Learned Government Advocate (Criminal 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 first petitioner has been arrested in another case and the second petitioner has no bad antecedents.
5. Heard the learned counsel for the petitioners, the learned Government Advocate (Criminal Side) appearing for the respondent police and perused the materials available on record.
6. Since the first petitioner has been arrested, his petition has become infructous. Considering the facts and circumstances of the case and since the custodial interrogation of the second petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the second petitioner on certain conditions.
7. Accordingly, the second 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 Judicial Magistrate IV, Salem on condition that the second 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 second 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 second petitioner shall appear before the respondent police daily at 10.30 am., until further orders; [c]the second petitioner shall not tamper with evidence or witness either during investigation or trial; [d] the second 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 petitioners 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.
8. The anticipatory bail application insofar as the first petitioner is dismissed as infructuous.
29-04-2025 Jai Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.State rep. by Inspector of Police, Veeranam Police Station, Salem City. Crime.No.273 of 2025.
2. The Judicial Magistrate IV, Salem.
3. The Public Prosecutor, Madras High Court, Chennai.
SUNDER MOHAN J.
jai CRL OP No. 13239 of 29-04-2025