Tamil @ Tamilselvan v. The State By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-12-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP No. 34462 of 2025 Tamil @ Tamilselvan Petitioner(s) Vs The state by, The Inspector of Police, Villupuram Town Police station, Villupuram District. Cr.No.317 of 2025.
Respondent(s) PRAYER This Criminal Original Petition is filed under Section 482 of BNSS to enlarge the petitioner on anticipatory bail in the event of his arrest in Cr.No.317 of 2025 pending investigation on the file of the Inspector of Police, Villupuram Town Police Station,Villupuram District.
For Petitioner(s):
M/s.C. Ganesh Pandian For Respondent(s):
Ms.J.R.Archana, GA (Crl.Side)
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 297, 112 of BNSS 2023, read with Section 5 and 7(3) of Loetteries Regulation Act, 1998 in connection with the Cr. No.317 of 2025, seeks anticipatory bail.
2. The case of the prosecution is that on the date of alleged occurrence, while the respondent police were performing their routine patrol, they discovered the petitioner engaged in the illegal sale of lotteries prohibited by the Government to the public. Hence, the case.
3. Learned counsel for the petitioner submitted that the petitioner is innocent person, and he has been falsely implicated by the respondent police and he is no way connected with the offences as alleged by the prosecution and hence he prayed to grant anticipatory bail to the petitioner.
4. Learned Government Advocate (Criminal Side) would submit that on the date of alleged occurrence, while the respondent police were performing their routine patrol, they discovered the petitioner engaged in the illegal sale of lotteries prohibited by the Government to the public. He further submitted that the lotteries were seized by the respondent police and that the petitioner has no previous case, pending against him. However, he strongly objected to grant anticipatory bail to the petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the representation made by both side counsel, nature of
offence, and the alleged lotteries have been seized by the respondent police and that no previous cases are pending against petitioner, and also considering all other factors, I am inclined to grant anticipatory bail to the petitioner subject to the following 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 (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Villupuram, 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] the petitioner shall report before the respondent police daily at 10.30 am., for a period two weeks and thereafter as and when required for interrogation.
[b] the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence; [c] the petitioner shall not leave India without the previous permission of the Court;
[d] the 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 petitioners 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 abscond, a fresh FIR can be registered under Section 269 B.N.S.2023.
16-12-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The state by, The Inspector of Police, Villupuram Town Police Station, Villupuram District. Cr.No.317 of 2025.
2.The Judicial Magistrate No.I, Villupuram.
3.The Public Prosecutor, High Court of Madras.
K.RAJASEKAR J.
gbi CRL OP No. 34462 of 2025 16-12-2025