Pojarajan @ Bojarajan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19.08.2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Pojarajan @ Bojarajan ... Petitioner/ Accused No.1 Vs State of Tamil Nadu, Rep. by the Inspector of Police, Ganthi Market Police Station, Trichy City.

(Crime No.139 of 2025) .. Respondent/Complainant For Petitioner : Mr.B.Jameelarasu For Respondent : Mr.M.Karunanithi Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.139 of 2025 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 318(4) of BNS and Section 5 and 7(3) of Lotteries Regulation Act 1998, in Crime No.139 of 2025 on the file of the respondent police, seeks anticipatory bail.

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2. The case of the prosecution is that on 25.03.2025 at about 02.25 p.m., the respondent police conducted a routine raid near Keeraikadai Bazaar Arch, at that time, the petitioner along with other accused person were illegally selling other state lotteries more particularly kerala state lottiers to the customers. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that co-accused/A2 had already been granted bail by the Judicial Magistrate No.5, Trichy. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that the petitioner along with other accused persons were selling fake lottery tickets to the customers. He further submitted that there are five previous cases pending against the petitioner and the investigation is almost completed and the property has been recovered. However, he opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also the fact that the property has been recovered and the investigation has been almost completed and co-accused had already been granted bail by the Judicial Magistrate No.5 Trichy, 2/5

this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court No.V, Trichy, on condition that the petitioner shall execute 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Judicial Magistrate Court No.V, Trichy, and on further conditions that:

(a) the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b) the petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate Court No.V, Trichy. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate Court No.V, Trichy . (c) the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.

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(d) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e) the petitioner 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 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]; and;

(g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 19/08/2025 / TRUE COPY / /09/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

msrm To 1.The Judicial Magistrate No.V, Trichy.

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2.The Inspector of Police, Ganthi Market Police Station, Trichy City.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.B.JAMEELARASU, Advocate ( SR-8973[I] dated 20/08/2025 )

ORDER

IN CRL OP(MD) No.9647 of 2025 Date :19/08/2025 SBN/09.09.2025 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5