V.Selvakumar @ Selvam v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI V.Selvakumar @ Selvam S/o.Vadivel .. Petitioner/Accused No.2 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Adiramapattinam Police Station, Thanjavur District.
(Crime No.141 of 2025) .. Respondent/Complainant For Petitioner : Mr.V.Muthu Kamatchi Advocate For Respondent : Mr.S.Prakash Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.141 of 2025 on the file of the Respondent Police. 1/5
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 5, 7(3) of Lotteries Regulation Act and 112(2) of BNS, 2023 in Crime No.141 of 2025 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that on 16.03.2025, this petitioner and other accused person were illegally sold the banned lottery tickets to general public. The respondent police seized one numbering sheet and Rs.240/- Hence, the case.
3. The learned counsel for the petitioner would submit that there are totally two accused, the petitioner was arrayed as A2. The respondent police lodged a false case against this petitioner. The petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. The petitioner is ready and willing to abide any conditions which may be imposed by this Hon'ble Court. Hence, he seeks anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) submitted that the 2/5
petitioner and other accused were sold banned lottery tickets. Already the first accused was arrested and subsequently released on bail. There is no previous case pending against the petitioner. However, he opposed to grant anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case, and also considering the fact that the co-accused was already arrested and subsequently released on bail, in this case, FIR was registered on 16.03.2025, at this time, the investigation might have been completed, there is no previous case against the petitioner, 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 anticipatory 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 Judicial Magistrate Court, Pattukottai, Thanjavur District 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 Judicial Magistrate Court, Pattukottai, Thanjavur District and on further conditions that: 3/5
(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 contact number to the learned Judicial Magistrate Court, Pattukottai, Thanjavur District. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate Court, Pattukottai, Thanjavur District; (c) the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;
(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 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 4/5
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/- 17/06/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
gvn TO 1.The Judicial Magistrate, Pattukottai, Thanjavur District 2.Do Through The Chief Judicial Magistrate, Thanjavur District @ Kumbakonam.
3.The Inspector of Police, Adiramapattinam Police Station, Thanjavur District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.V.MUTHUKAMATCHI, Advocate ( SR-6420[I] dated 17/06/2025 )
ORDER
IN CRL OP(MD) No.10075 of 2025 Date :17/06/2025 HPS/03.07.2025 /5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5