✦ Madras High Court

V.Palanichamy v. The State of Tamil NaduRepresented by the Inspector of Police

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Case at a glance

Key paragraphs

  • Para 44. Taking into consideration the facts and circumstances of the case and considering the fact that the lottery tickers were seized and the petitioner is having one previous case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.2/5 https://www.mhc.tn.gov.in/judis CRL…

Judgment

Cause title

CRL OP(MD). No.458 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 09.01.2025PRESENTThe Hon`ble Mr.Justice N.ANAND VENKATESHCRL OP(MD). No.458 of 2025V.Palanichamy ... Petitioner

/ Accused Rank Not known VsThe State of Tamil NaduRepresented by the Inspector of Police, Vedasandur Police Station, Dindigul District. (Crime No.6 of 2025) ... Respondent

/Complainant For Petitioner : Mr.S.Sarvagan Prabhu, Advocate For Respondent : Mr.A.Albert James, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act.PRAYER :- For Anticipatory Bail in Crime No. 6 of 2025 on the file of the respondent police.1/5 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.458 of 2025

ORDER :

The Court made the following order :-The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Section 112(2) of BNS 2023 and Section 7(3) of Lotteries Regulation Act 1998, in Crime No.6 of 2025 on the file of the respondent police, seeks anticipatory bail.

2.

The case of the prosecution is that the accused persons were selling banned lottery tickets. There are totally three accused persons in this case. A1 and A2 have been arrested in this case and 60 lottery tickets were seized. The petitioner has been arrayed as A3, based on the confession of A2.

3.

Heard the learned counsel on either side and perused the material records of the case.

4.

Taking into consideration the facts and circumstances of the case and considering the fact that the lottery tickers were seized and the petitioner is having one previous case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.2/5 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.458 of 20255. 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, Vedasandur, Dindigul District, on condition that the petitioner shall execute a bond for a sum ofRs.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 learned Magistrate concerned, 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 ThumbImpression in the surety bond and the Magistrate may obtain a copy of their Aadharcard or Bank Pass Book to ensure their identity. [b] the petitioner shall report before the respondent police on every Friday at5.30 p.m. for a period of 4 weeks and thereafter, as and when required for interrogation.[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

3/5 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.458 of 2025[d] the petitioner shall not abscond either during investigation or trial. [e] On breach of any of the aforesaid conditions, the learned Magistrate/TrialCourt 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 Courtin P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023. sd/- 09/01/2025 / TRUE COPY / /01/2025 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. DASTO1 THE JUDICIAL MAGISTRATEVEDASANDUR, DINDIGUL DISTRICT.2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATEDINDIGUL DISTRICT.4/5 https://www.mhc.tn.gov.in/judis CRL OP(MD).

No.458 of 20253 THE INSPECTOR OF POLICE,VEDASANDUR POLICE STATION,DINDIGUL DISTRICT.4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.S.SARVAGAN PRABHY, Advocate ( SR-433[I] dated 10/01/2025 ) ORDER IN CRL OP(MD) No.458 of 2025 Date :09/01/2025SS/SKN/SAR- /24/01/2025/ 5P/6CMadurai Bench of Madras High Court is issuing certified copies in this format from17/07/2023 5/5

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