Bhaskaran v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/01/2025 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH CRL OP(MD). Nos.532 and 621 of 2025 Bhaskaran ... Petitioner/Accused(rank not known) Vs The State of Tamilnadu, Rep By, The Inspector of Police, Fort Police Station, Trichy City, Tiruchirappalli District.

Cr.No.1500 of 2024.

... Respondent/Complainant For Petitioner : Mr.C.Suresh Kannan, Advocate For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) For Crl.O.P(DM)No.621 of 2025 Nepoliyan ... Petitioner/Accused rank not known 1/5

Vs The State of Tamilnadu, Rep By, The Inspector of Police, Fort Police Station, Trichy City, Tiruchirappalli District.

Cr.No.1500 of 2024.

... Respondent/Complainant For Petitioner : Mr.C.Suresh Kannan, Advocate For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS COMMON PRAYER :- For Anticipatory Bail in Cr.No.1500 of 2024 on the file of the respondent police. COMMON ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 318(4) of BNS (hereinafter referred to as new penal code) r/w 5 and 7(3) of Lotteries Regulation Act in Crime No.1500 of 2024 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the accused persons were running online lottery. There are totally five accused persons in this case and the petitioners have been arrayed as A4 and A5 on the ground that they were working as salesman. A1 and A2 were arrested in this case.

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3. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.Side) appearing for the respondent police.

4. Taking into consideration the facts and circumstances of the case and nature of allegation made against the petitioners and considering the fact that the entire transaction was done online and also considering the fact that A3 was granted anticipatory bail by this Court in Crl.O.P(MD)No.325 of 2025 and there are no previous cases against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners. Accordingly, these criminal original petitions are ordered and the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Tiruchirappalli, on condition that the petitioners shall execute a bond for a sum of Rs.

10,000/- (Rupees Ten Thousand only) each, with two sureties, each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the said Magistrate, on further condition that: [a] if the petitioners fail to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled.

card or Bank pass Book to ensure their identity. [c] the petitioners shall report before the respondent police every Monday and Friday at 10.30 a.m., for a period of four weeks and thereafter, as and when required for interrogation.

[d] the petitioners shall not tamper with evidence or witness either during investigation or trial;

[e] the petitioners shall not abscond either during investigation or trial; [f] 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]; and; [g] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS 2023.

sd/- 22/01/2025 / TRUE COPY / /01/2025 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE NO.I TIRUCHIRAPPALLI.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3 THE INSPECTOR OF POLICE, FORT POLICE STATION, TRICHY CITY, TIRUCHIRAPPALLI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.C.SURESH KANNAN, Advocate ( SR-657[I] dated 22/01/2025 )

ORDER

IN CRL OP(MD). Nos.532 and 621 of 2025 Date :22/01/2025 SS/SKN/SAR- /28/01/2025/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5