Velmurugan v. State Rep By 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.36140 of 2025 Velmurugan ... Petitioners/ Accused No.2 Vs The State Rep. by The Inspector of police, Bagayam Police Station, Vellore District.

(Crime No. 314 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under 483 of BNSS Act, 2023 to enlarge the petitioner on Bail in Crime No. 314 of 2025 on the file of respondent police.

For Petitioner : Mr.M.R.Thangavel For Respondent : Mr.S.Vinoth Kumar Government Advocate (Crl.Side)

ORDER

The petitioners/Accused No.2, who was arrested and remanded to judicial custody on 02.11.2025 for the offences punishable under Sections 5, 7(3) of the Lotteries Regulation Act and Section 318(4) of BNS (Corresponding to Section 420 of Indian Penal Code) in Crime No.314 of 2025, registered on the file of the respondent police, seeks bail. 1/5

2. The case of the prosecution is that the petitioner was found in illegal possession of various banned lottery tickets. Hence, this case.

3. Learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and has no role in the alleged offence. He would submit that the petitioner has been falsely implicated in this case. He would further submit that the petitioner was arrested and is in judicial custody from 02.11.2025. Hence, he prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) would submit that the petitioner was found in illegal possession of various banned lottery tickets. He further submits that the investigation of this case is pending, Hence, he opposed to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record including the First Information Report.

6. Considering the rival submissions made by the learned counsel on either side, the nature of the offence and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant 2/5

bail to the petitioner, subject to certain conditions. [a] 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 Judicial Magistrate No.I, Vellore, and on further conditions that:- [b] the petitioner shall report before the respondent police on every Saturday at 10.30 a.m. for a period of four weeks and thereafter, as and when required for interrogation; [c] the petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;

[d] the petitioner shall not abscond either during investigation or trial;

[e] 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence; [f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have 3/5

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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

30.12.2025 veda/nsl 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 uploaded in the official website of this Court will be watermarked and will also have a QR code.

To 1.The Judicial Magistrate No.I, Vellore.

2.The Inspector of police, Bagayam Police Station, Vellore District.

3.The Superintendent, Central Prison, Vellore.

4.The Public Prosecutor, High Court of Madras.

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P.DHANABAL ,J, veda/nsl CRL.OP.No.36140 of 2025 30.12.2025 5/5