Citation : 2026 Latest Caselaw 2544 Mad
Judgement Date : 13 May, 2026
CRL OP No. 12203 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-05-2026
CORAM
THE HON'BLE MR.JUSTICE P. DHANABAL
CRL OP No. 12203 of 2026
Jayachandran @ Balu
..Petitioner(s)
Vs
State By, The Sub Inspector of Police,
Katpadi Police Station,
Vellore District.
Crime No.97 of 2026
..Respondent(s)
Prayer: The Criminal Original Petition is filed under Section 483 of B.N.S.S. to
enlarge the petitioner on bail in Crime No.97 of 2026 pending on the file of the
respondent police.
For Petitioner(s): Mr. D.Pulikesi
For Respondent(s): Mr.R.Vinoth Raja
Government Advocate (Crl. Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on
20.04.2026 for the offences punishable under Sections 5, 7(3) of Lottery
Regulation Act, 1998 and Sections 132, 351(2) of BNS 2023 in Cr. No.97 of
2026 on the file of the respondent police, seeks bail.
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2. The case of the prosecution is that the petitioner was found in illegal
selling of banned lottery tickets. Hence, the present case.
3. The learned counsel for the petitioner submitted that the petitioner is
under judicial custody since 20.04.2026. He further submitted that the petitioner
is an innocent person and he has not committed any offence as alleged by the
prosecution. Therefore, he prayed to grant bail to the petitioner.
4.The learned Government Advocate (Criminal Side) reiterated the
prosecution case and submitted that the petitioner has two previous cases.
Hence, he vehemently opposed the grant of bail to the petitioner.
5. Heard both sides and perused the materials available on record.
6.Considering the rival submissions made on either side, nature of
offence and the fact that the petitioner is on bail in other cases and considering
the period of incarceration undergone by him, this Court is inclined to grant bail
to the petitioner, subject to the following conditions:
[a] Accordingly, the petitioner is ordered to be released on
bail on condition to execute a bond for a sum of Rs.10,000/-
(Rupees Ten Thousand only) with two sureties each for a like sum __________ Page2 of 6 https://www.mhc.tn.gov.in/judis
to the satisfaction of the learned Judicial Magistrate, Katpadi,
Vellore and on further conditions that:
[b] the petitioner shall report before the respondent
Police daily at 10.30 a.m. for thirty days and thereafter as and
when required for interrogation;
[c] the petitioner shall not commit any offence similar to
the offence of which she is accused, or suspected, or of the
commission of which she is suspected;
[d] the petitioner shall not abscond either during
investigation or trial;
[e] the petitioner shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade her from disclosing such facts to
the Court or to any police officer or tamper with the evidence;
[f] On breach of any of the aforesaid conditions, the
learned Judicial 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
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the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala
[(2005)AIR SCW 5560].
[g] If the accused thereafter absconds, a fresh FIR can be
registered under Section 269 B.N.S.2023.
13-05-2026 SMA
Note:
1. Registry is directed to forthwith upload this order in the Official Website of this Court.
2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.
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To
1. Judicial Magistrate, Katpadi, Vellore.
2. The Sub Inspector of Police, Katpadi Police Station, Vellore District.
3. The Superintendent Central Prison, Vellore.
4. The Public Prosecutor, Madras High Court.
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P.DHANABAL, J.
SMA
13-05-2026
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