Mari v. State Rep.By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-05-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL Mari S/o.Govindasamy, No.41/1, Market Street, Maduranthakam Post, Chengalpattu District.

..Petitioner(s) Vs State rep.by, The Sub Inspector of Police, Maduranthakam Police Station, Chengalpattu District.

Cr.no.128 of 2026.

..Respondent(s) To enlarge the petitioner on bail in the event of his arrest in connection with Cr.No.128 of 2026 on the file of the respondent police. For Petitioner :

Ms.Sasikala B For Respondent :

Mr.A.Gopinath, Government Advocate (Crl. Side)

ORDER

The petitioner / Accused-2, who apprehends arrest in the hands of the respondent police for the offences punishable under Sections 5 and 7 of the Lotteries (Regulation) Act, 1998 read with Section 318(4) of B.N.S. in connection with the case in Crime No.128 of 2024, seeks anticipatory bail.

2. The case of the prosecution is that on 19.03.2026, the defacto complainant lodged a complaint before the respondent police stating that on 19.03.2026, A1 was selling banned lottery tickets and conducting online lottery sales through a mobile phone.

3. Learned counsel for the petitioner would contend that the petitioner is innocent and he has been falsely implicated in this case. It is also submitted that the petitioner was not even present in the scene of occurrence. Since no custodial interrogation is required in this case, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side), reiterated the prosecution case and on instructions, would submit that the respondent police seized Rs.57,040/- from A1 and no previous case is pending against the petitioner. He would also submit that A1 was arrested and subsequently, released on bail and hence, strongly opposed the grant of anticipatory bail to the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent police and perused the materials available on record.

6. Considering the trivial nature of the offence and taking into account the fact that the petitioner has no previous case, and A1 was arrested and subsequently, released on bail, this Court is inclined to grant anticipatory bail to the petitioner on certain conditions.

7. 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 a copy of this order, before the learned Judicial Magistrate-I, Maduranthakam on condition that the petitioner shall execute a 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 conditions 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. [c] the petitioner shall report before the respondent police every Saturday at 10.30 a.m., for four weeks and thereafter as and when required for interrogation by the respondent police.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioner shall not abscond either during investigation or trial. [f] 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].

[g] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.

14-05-2026 nl Index: Yes/No Speaking/Non-speaking order Note:

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

To 1.The Judicial Magistrate-I, Maduranthakam 2.The Sub Inspector of Police, Maduranthakam Police Station, Chengalpattu District.

3. The Public Prosecutor, Madras High Court.

P.DHANABAL, J.

nl 14-05-2026