Karthigayen @ Dony v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-11-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. Karthigayen @ Dony S/o.Anurajan, No. 83, Second Cross St, D.R. Nagar, VTC Kuyavarpalayam, Pondicherry- 605 013.

Petitioner(s) Vs

1. State Represented by The Inspector of Police, Cuddalore NT Police Station, Cuddalore District (Crime No. 453/2025) Respondent(s) PRAYER To enlarge the petitioner on bail in the event of arrest by the respondent police in Crime No. 453 of 2025 on the file of Cuddalore NT Police Station, Cuddalore.

For Petitioner(s):

J.Zeakumar For Respondent(s):

Mr.S.Udayakumar Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 112 of BNS, 2023 and section 5 and 7(3) of the Lotteries Regulation Act, 1998 in Crime No. 453 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused were found selling banned lottery tickets to the public. Hence, the complaint.

3. The learned counsel for the petitioners would submit that the petitioner is innocent person and he has not committed any offence as alleged by the prosecution. Therefore, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) would submit that the petitioner is ranked as A5. A1 to A3 have already been arrested and released on bail. He further submitted that there are 7 previous cases pending as against the petitioner. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Considering the above fact and circumstances of the case and also considering the fact that the co-accused who were arrested have already been

granted bail, 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 (15) days from the date on which the order copy made ready, before the learned Judicial MagistrateII, Cuddalore, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition:

(a) If the petitioners fails to surrender before the concerned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) 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 identify proofs to ensure their identity;

(c) The petitioner shall report before the respondent

police everyday at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions 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 v. State of Kerala [(2005) AIR SCW 5560];

(e) If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

06-11-2025 Index:Yes/No Speaking/Non-speaking order mpa To 1.The Judicial Magistrate-II, Cuddalore.

1.State Represented by The Inspector of Police, Cuddalore NT Police Station, Cuddalore District (Crime No. 453/2025) 3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

mpa CRL OP No. 30252 of 06-11-2025