M.Selvam @ Thattukara Selvam v. State Rep By Its, Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.11.2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL OP NO. 30922 of 2025 M.Selvam @ Thattukara Selvam
...Petitioner
Vs The State rep. by The Inspector of Police Kondalampatti Police Station Salem City Crime No. 404 of 2025.
...Respondent
PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest pending investigation in Crime No. 404 of 2025 on the file of the respondent police.
For Petitioner : Mr.M.Vengadesan For Respondent : Mr.S.Udayakumar Government Advocate (Criminal Side) ----
O R D E R
The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 7(1) and 7(3) of Lotteries Regulation Act, r/w 112, 318(4) of BNS, 2023 in Crime No.404 of 2025, on the file of the respondent Police, seeks anticipatory bail. 1/6
2.The allegation against the petitioner is that the petitioner joined hands with other accused were found in possession of Government and other State Lottery ticket numbers and the same were sold to the general public at large. Hence the case.
3.The learned Counsel appearing for the petitioner submits that the petitioner has been falsely implicated in this case based on the confession statement of A1. He further submits that the petitioner has no previous case. He also submits that the petitioner is ready to abide by any conditions that may be imposed by this Court and ready to furnish sufficient solvent sureties for his release. Hence, he prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal side) for the respondent police, reiterated the prosecution case and submits that the petitioner joined hands with other accused were found in possession of Government and other State Lottery ticket numbers and the same were sold to the general public at large. He further submits that totally two accused had involved in this case and the petitioner is ranked as A2 and he opposed 2/6
to grant of anticipatory bail to the petitioner. 5.Heard the learned counsels and perused the materials available on record.
6.Considering the fact that the petitioner has voluntarily come forward to deposit a sum of Rs.10,000/- [Rupees Ten Thousand Only] to the Advocate Clerks' Association, Salem District, and the petitioner has no previous case; this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 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 on which the order copy made ready, before the learned Judicial Magistrate No.5, Salem, 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 that: (a) If the petitioner fails to surrender before the concerned Magistrate, within a period of fifteen days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;
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[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 the identity proofs to ensure their identity;
[c] this court directs the petitioner to deposit a sum of Rs.10,000/- [Rupees Ten Thousand Only] to the Advocate Clerks Association, Salem District, within a period of one week from the date of receipt of a copy of this order, failing which, this petition shall stands dismissed automatically.
[d] that the petitioner shall report before the respondent police weekly twice i.e., on Tuesday and Saturday at 10.30 am for a period of four weeks and thereafter, as and when required for interrogation. [e] 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];
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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 12.11.2025 MSM To 1.The Judicial Magistrate No.5, Salem.
2.The Inspector of Police Kondalampatti Police Station Salem City Crime No. 404 of 2025.
3. The Public Prosecutor, High Court of Madras.
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T.V.THAMILSELVI., J.
MSM CRL OP NO. 30922 of 2025 12.11..2025 6/6