P Prabhu Alias Daber Prabhu v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-12-2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL CRL OP No. 35753 of 2025

1. P Prabhu alias Daber Prabhu No.72, Parai Street, Vettaikaranpudur, Coimbatore District Petitioner(s) Vs

1. The Inspector of Police Thudiyalur Police Station, Coimbatore City, Coimbatore District.

Crime No.727 of 2025 Respondent(s) PRAYER To enlarge the petitioner on anticipatory bail, in the event of his arrest, in Crime No.727 of 2025 on file of the Inspector of Police, Thudiyalur Police Station, Coimbatore City, Coimbatore District.

For Petitioner(s):

C D Sugumar For Respondent(s):

S.Udaya Kumar

ORDER

The petitioner/A2, who apprehend arrest in the hands of the respondent police for the offences punishable under Sections 5 & 7(3) of Lotteries Regulation Act, 1998 in 1/6

connection with Cr.No.727 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that on 10.12.2025 at about 3.00 p.m., the respondent police found a person was selling Kerala State Lottery tickets which were banned by the Government of Tamil Nadu and on seeing the respondent police, he attempted to flee from the spot and the respondent apprehended him and seized the banned lottery tickets and a sum of Rs.500/- from him and he has been arrayed as accused No.1 and thereby a case has been registered by the respondent police.

3. The learned counsel appearing for the petitioner submit that the petitioner is an innocent person and he has been falsely implicated in the case on the statement of the co-accused. The petitioner has not committed any such offence as alleged by the prosecution. He further submits that the petitioner is ready to abide by any stringent conditions imposed by this Court. Therefore, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent submits that no previous case is pending against the petitioner and he has been arrayed as A2 based on the statement given by the accused No.1, who was selling Keral lottery 2/6

tickets which were banned in the State of Tamil Nadu. Hence, he opposed the grant of anticipatory bail to the petitioner.

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

6. Considering the nature of offence and as no previous case is pending against the petitioner, who has been arrayed as A2 only based on the confession statement of A1, 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 days from the date on which the order copy made ready, before the learned Judicial Magistrate No.1, Coimbatore, on condition that the petitioner shall execute separate 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 Magistrate concerned and on further condition that: [a] the petitioner shall report before the respondent on every Saturday at 10.30 a.m. for a period of four weeks.

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[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; [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 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].

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.2023.

30.12.2025 dn Index:Yes/No Note :

1. Registry is directed to forthwith upload this order in the official website of this Court. 4/6

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

1. The Inspector of Police Thudiyalur Police Station, Coimbatore City, Coimbatore District.

2.Judicial Magistrate No.1, Coimbatore 5/6

P. DHANABAL.J, dn 30.12.2025 6/6