V.Narasiman @ Nagaraj v. State Rep. By Its, Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.08.2025
CORAM
THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Crl.O.P.No.21924 of 2025 V.Narasiman @ Nagaraj ... Petitioner Vs.
The State represented by The Inspector of Police, Manavalnagar Police Station, Tiruvallur, Tiruvallur District.
Crime No.112 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.112 of 2025 on the file of the respondent. For Petitioner :
Mr.K.R.Arun Shabari For Respondent :
Mr.R.Vinothraja Special Public Prosecutor
O R D E R
The petitioner, who was arrested and remanded to judicial custody on 23.05.2025, for the offence punishable under Section 132, 351 of BNS, 2023 and Section 5, 7 (3) Lotteries Regulation Act, 1988 and Section 78 of Juvenile Justice Care and Protection Act, 2000, in Crime No.112 of 2025, 1/7
registered on the file of the respondent, seeks bail. 2.The case of the prosecution is that the petitioner was selling the Kerala lottery ticket which is banned in the state of Tamil Nadu. Hence, the present case.
3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and has been falsely implicated in this case. He further submitted that petitioner is in judicial custody from 23.05.2025 and hence, further custody of the petitioner is not required. It is further submitted that petitioner is suffering from Post Polio Paralysis. Hence, he prayed for grant of bail to the petitioner.
4.The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that petitioner was detained under Act 14 which was revoked on 11.07.2025. He further submitted that petitioner was selling the other state lotteries which is banned in the state of Tamil Nadu. Hence, strongly opposed for grant of bail to the petitioner.
5. Heard both sides and perused the materials available on record. 2/7
6.Considering the facts and circumstances of the case, the fact that petitioner was suffering from Post Polio Paralysis and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.
7.Accordingly, the petitioner is ordered to be released on bail on his executing 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 learned Judicial Magistrate Court No.2, Tiruvallur, and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;
[b] the petitioner shall report before the respondent Police daily at 10.30.a.m., for a period of two weeks; thereafter as and when required for interrogation; [c] the petitioner shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and 3/7
witnesses;
[e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;
[f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 06.08.2025 ep 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 4/7
uploaded in the official website of this Court will be watermarked and will also have a QR code.
To 1.The Judicial Magistrate Court No.2, Tiruvallur. 2.The Inspector of Police, Manavalanagar Police Station, Tiruvallur, Tiruvallur District.
3.The Central Prison, Puzhal.
4.The Public Prosecutor, High Court of Madras.
5/7
M.NIRMAL KUMAR, J.
ep Crl.O.P.No.21924 of 2025 6/7
06.08.2025 7/7