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2026 DAILYLAW 54065 (MAD)

BALU v. State rep by the Inspector of Police

CRL OP/18857/2026 · 2026-07-17

G K Ilanthiraiyan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 18857 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-07-2026 CORAM THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN CRL OP No. 18857 of 2026 Balu ..Petitioner(s) Vs State rep by the Inspector of Police Podanur Police Station, Coimbatore Crime No.195 of 2026. ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioner on bail in the event of his arrest in pending investigation in Crime No.195 of 2026 on the file of the Inspector of Police, Podanur Police Station, Coimbatore in the facts and circumstances of the case and thus render Justice. For Petitioner(s): Mr.R.Subramanian For Respondent(s): MR.N.PALANIVEL, GOVT.ADVOCATE (CRL.SIDE) ORDER The petitioner herein apprehends arrest at the hands of the respondent police for the offences punishable under Sections 5, 7(3) of Lotteries Regulation Act, 1998 r/w 318(4) of BNS, 2023, in Crime No.195 of 2026, on the file of the respondent Police, seeks anticipatory bail. 2. The case of the prosecution is that the petitioner joining hands with https://www.mhc.tn.gov.in/judis CRL OP No. 18857 of 2026 __________ Page2 of 5 other accused involved in selling banned lottery tickets. Hence, the case. 3. The learned counsel appearing for the petitioner submitted that, the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner is ready to abide any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioner. 4. The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case and that the petitioner has no bad antecedents. 6. Considering the nature of the allegations, the fact that the petitioner was implicated based on the confession of the co-accused, that the petitioner has no bad antecedents and since, custodial interrogation is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6. 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 (15) days from the date of receipt of a copy of this order before the learned District https://www.mhc.tn.gov.in/judis CRL OP No. 18857 of 2026 __________ Page3 of 5 Munsif-cum-Judicial Magistrate Court, Madukkarai, 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 learned Magistrate concerned and on further condition that: (a) 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 appear before the respondent police everyday at 10.30 a.m., for a period of two 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; https://www.mhc.tn.gov.in/judis CRL OP No. 18857 of 2026 __________ Page4 of 5 (f) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 17-07-2026 GBI To 1.State rep by the Inspector of Police Podanur Police Station, Coimbatore Crime No.195 of 2026. 2.The District Munsif-cum-Judicial Magistrate Court, Madukkarai. 3.The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 18857 of 2026 __________ Page5 of 5 G.K.ILANTHIRAIYAN, J. GBI CRL OP No. 18857 of 2026 17-07-2026 https://www.mhc.tn.gov.in/judis