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Madras High Court/12189/2025allowed

Mahendran Chandran v. State Of Tamilnadu Rep By Inspector Of Police, Woraiyur

2025-07-23Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Mahendran Chandran, S/o.Chandran, .. Petitioner/Accused No.2 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Woraiyur Police Station, Tiruchirappalli District.

(Crime No.11 of 2025) .. Respondent/Complainant For Petitioner : Mr.K.Vasantha kumar 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.11 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 and 7(3) of the Lotteries Regulation Act, 1998 in Crime No.11 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 08.01.2025, one Jawahar (Accused No.1) was found in possession of certain slips bearing numbers, suspected to be illegal lottery tickets. Hence, the case.

3. The learned counsel for the petitioner would submit that based on the confession statement of the first accused, this petitioner was arrayed as Accused no.2 in the present case. 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) would submit that this petitioner and other accused person were trying to sold the banned lottery tickets. The entire properties were recovered by the respondent police. The co-accused was released on station bail. There is no previous case against this petitioner. Hence, he 2/5

opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, the entire properties were recovered by the respondent police, the co-accused was released on station bail, FIR was registered on 08.01.2025, by this time most of the investigation might have been completed, there is no previous case against this 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 No.IV, Tiruchirappalli 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 learned Judicial Magistrate No.IV, Tiruchirappalli District 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 No.IV, Tiruchirappalli District. In the event of any 3/5

change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate No.IV, Tiruchirappalli 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 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/- 23/07/2025 / TRUE COPY / /2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1.The Judicial Magistrate No.IV, Tiruchirappalli District.

2. Do Through The Chief Judicial Magistrate, Tiruchirappalli District.

3.The Inspector of Police, Woraiyur Police Station, Tiruchirappalli District.

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

+1 CC to M/s.K.VASANTHA KUMAR, Advocate ( SR-7927[I] dated 23/07/2025 )

ORDER

IN CRL OP(MD) No.12189 of 2025 Date :23/07/2025 HPS/20.08.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5