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Madras High CourtCRL OP(MD)/11121/2025allowed

Ramu @ Ramalingam v. State Of Tamilnadu Rep By Inspector Of Police, Woraiyur

2025-07-16Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Ramu @ Ramalingam

...Petitioner/Accused No.2

Vs.

The State of Tamil Nadu rep. by The Inspector of Police, Woraiyur Police Station, Trichy City.

(Crime No.939 of 2024) ... Respondent/Complainant For Petitioner : Mr.M.Suresh Advocate For Respondent : Mr.M.Karunanithi Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/5

PRAYER :- For Anticipatory Bail in Crime No.939 of 2024 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 r/w 7(3) of the Lotteries Regulation Act, 1998 and Section 318(4) of BNS, in Crime No.939 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner and other accused had sold the lottery ticket, which was prohibited by the State of Tamil Nadu. Hence, a case has been registered.

3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Based on the confession of the first accused, the petitioner has been falsely implicated in this case. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.side) appearing for the respondent 2/5

police submits that totally there are two accused in this case, in which the petitioner is arrayed as Accused No.2. The petitioner along with other accused person, sold the lottery ticket which was prohibited by the State of Tamil Nadu. He would further submit that the entire properties have been recovered from the first accused and he was already arrested and released on bail. However, he objected to grant anticipatory bail to the petitioner.

5.Considering the facts and circumstances of the case, and also considering the fact that the entire properties have been recovered from the first accused he was already been arrested and released on bail and that as the date of registration of FIR is 14.12.2024, by this time most of the investigation might have been completed, and hence custodial interrogation is not necessary, 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 arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate 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 3/5

respondent police or the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate No.IV, Trichy, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 the learned Judicial Magistrate No.IV, Trichy. In the event of any change in his residential address, the petitioner shall report the same to the the learned Judicial Magistrate No.IV, Trichy;

(c) the petitioner shall appear and sign before the respondent police daily at 10.00 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 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 4/5

in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560] and; (g) if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 16/07/2025 / TRUE COPY / /2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

VSD TO 1.The Judicial Magistrate No.IV, Trichy.

2.Do Through The Chief Judicial Magistrate, Trichy. 3.The Inspector of Police, Woraiyur Police Station, Trichy City.

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

ORDER

IN CRL OP(MD) No.11121 of 2025 Date :16/07/2025 HPS/05.08.2025 /5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5