Ayyar @ Ayyarsamy v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/12/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Ayyar @ Ayyarsamy, ... Petitioner/Accused No.2 Vs The State of Tamil Nadu, Rep by the Inspector of Police, Nilakottai Police Station, Dindigul District.

Crime No.291/2024.

... Respondent/Complainant For Petitioner : Mr.S.Sivaprakash, Advocate.

For Respondent : Mr.A.Albert James, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.291/2024 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 1/5

respondent police for the offences punishable under section 7(3) of the Lotteries Regulation Act, 1998 in Crime No.291 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the accused persons were found selling banned lottery tickets of other States. Accused No.1 was arrested and this petitioner is said to have escaped from the scene of occurrence. Totally, 468 banned lottery tickets were seized. The earlier anticipatory bail petition filed by the petitioner in Crl.O.P.(MD).No.13751 of 2024 was dismissed by this Court by an order dated 22.08.2024 considering the previous cases against the petitioner. It is seen that those previous cases pertain to offences committed before the year 2020 and thereafter, there are no cases against the petitioner.

3. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent Police.

4. Taking into consideration the facts and circumstances of the case and considering the fact that the entire banned lottery tickets have been seized and taking note of the previous cases against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions.

5. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the 2/5

date of receipt of a copy of this order, before the learned Judicial Magistrate, Nilakottai, Dindigul 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 the police officer who intends to arrest or to the satisfaction of the said Magistrate, on further condition that: [a] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled. [b] the petitioner shall report before the respondent police daily at 10.30 a.m. for a period of three weeks and thereafter, as and when required for interrogation; [c]the petitioner shall not tamper with evidence or witness either during investigation or trial;

[d]the petitioner shall not abscond either during investigation or trial; [e] 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; 3/5

[f] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 18/12/2024 / TRUE COPY / /01/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG TO 1 THE JUDICIAL MAGISTRATE, NILAKOTTAI, DINDIGUL DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

3 THE INSPECTOR OF POLICE, NILAKOTTAI POLICE STATION, DINDIGUL DISTRICT.

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

+1 CC to M/s.S.SIVAPRAKASH, Advocate ( SR-15569[I] dated 18/12/2024 ) 4/5

ORDER

IN CRL OP(MD) No.22296 of 2024 Date :18/12/2024 SA/SKN/SAR. /06.01.2025/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5