Sai Karthick Harikrishnan v. State Of Tamilnadu Rep By Inspector Of Police, Woraiyur

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27.06.2025 PRESENT The Hon`ble Mr.Justice P.VADAMALAI Sai Karthick @ Harikrishnan ... Petitioner/Accused No.2 Vs State of Tamil Nadu, rep. by The Inspector of Police, Woraiyur Police Station, Trichy District.

(Crime No.4 of 2025) ... Respondent/Complainant For Petitioner : Mr.M.Suresh, Advocate.

For Respondent : Mr.S.Prakash, Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Section 482 B.N.S.S. PRAYER :- For Anticipatory Bail in Crime No.4 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused No.2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 5 and 7(3) of Lotteries Regulation Act, 1998 in Crime No.4 of 2025 on the file of the respondent police, 1/5

seeks anticipatory bail.

2. The case of the prosecution is that on 04.01.2025, the first accused was found in illegal possession of lottery ticket, which was prohibited by the State of Tamil Nadu. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that there are totally two accused, the petitioner was arrayed as A2. This petitioner was implicated only on the basis of the confession of the first accused. 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) appearing for the respondent would submit that the first accused was found in illegal possession of banned lottery ticket. Already the first accused was arrested and subsequently released on bail. However, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, and also considering the fact that the first accused was already arrested and subsequently released on bail, in this case and taking note of the fact that investigation might have been completed by this time, this Court is inclined to grant anticipatory bail to the 2/5

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 No.IV, 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 Judicial Magistrate Court No.IV, 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 contact number to the learned Judicial Magistrate Court No.IV, Trichy. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate Court No.IV, Trichy;

(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 3/5

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/- 27/06/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

csm TO 1 THE JUDICIAL MAGISTRATE NO.IV, TRICHY.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY. 3 THE INSPECTOR OF POLICE, WORAIYUR, WORAIYUR POLICE STATION, TRICHY DISTRICT.

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

ORDER

IN CRL OP(MD) No.10766 of 2025 Date :27/06/2025 NBF/08.07.2025 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5