Bakkiya Raj v. State Of Tamilnadu Rep By Inspector Of Police, Vathalai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.Bakkiya Raj, S/o.Thangavel 2.Ganesan @ Chinnaiyan, S/o.Nataraj ... Petitioners/A2 & A3 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Vathalai Police Station, Trichy District.

(Crime No.219 of 2025) ... Respondent/Complainant For Petitioners : Mr.M.Suresh, 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.219 of 2025 on the file of the Respondent Police. 1/5

ORDER : The Court made the following order :- The petitioners/A2 & A3, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 5 and 7(3) of the Lotteries Regulation Act, 1998 in Crime No.219 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 13.06.2025, based on secret information, the respondent police conducted a routine check, during which they found the accused in possession of lottery tickets. Hence, the case.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and have not committed any offence as alleged by the prosecution. He further submitted that the petitioners have been implicated in this case solely based on the confession of A1. He however submitted that the petitioners are ready to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) submitted that there are totally three accused persons in this case and the petitioners have been arrayed as 2/5

A2 and A3. A1 was arrested and subsequently released on bail. He further submitted that the entire properties have been recovered. However, he opposed to grant anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case, and also taking note of the fact that the entire properties have been recovered, and that the co-accused was arrested and subsequently released on bail, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of their 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, Musiri, Trichy District 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Judicial Magistrate, Musiri, Trichy District and on further conditions that:

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(a) the petitioners 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 petitioners shall furnish their residential address and mobile number to the learned Judicial Magistrate, Musiri, Trichy District. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate, Musiri, Trichy District; (c) the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders;

(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; 4/5

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

sd/- 20/06/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

MKN TO 1.THE JUDICIAL MAGISTRATE, MUSIRI, TRICHY DISTRICT. 2.THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3.THE INSPECTOR OF POLICE, VATHALAI POLICE STATION, TRICHY DISTRICT.

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

ORDER

IN CRL OP(MD) No.10289 of 2025 Date :20/06/2025 PR/04.07 .2025 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5