Muthusamy v. State Rep. By The Inspector Of Police,
CRL OP NO. 114 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.01.2025
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 114 of 2025 Muthusamy petitioner(s) Vs The Inspector Of Police, Gudiyatham Town Police Station, Vellore District.
Respondent(s) For petitioner(s):
S.Priyadharshini For Respondent(s):
S.Santhosh Government Advocate (criminal Side).
ORDER
Apprehending arrest in connection with Crime No.799 of 2024, registered for the offences punishable under Section 318(4) of BNS, 2023 r/w. 5, 7(3) of Lotteries Regulation Act, 1998, the present petition has been filed seeking anticipatory bail.
2.Pleading innocence on the part of the petitioner, false implication in this case, learned counsel for the petitioner seeks indulgence of this court. He would submit that he is innocent and no way connected with this case. He would further submit that he is ready to abide by any stringent condition that may be imposed by this Court. The learned counsel for the petitioner would submit that the respondent had earlier foisted 22 cases against the petitioner and all the cases
were quashed by this Court, agitated the same, a false complaint has been given. 3.The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of anticipatory bail, is that the petitioner induced the defacto complainant to invest in the lottery business and received an amount of Rs.200/- in a lottery app application and thereby cheated the defacto complainant. He would further submit that the petitioner herein is having 22 previous cases, out of 22 cases, this Court had quashed 20 cases for the reason that final report not filed. 4.Having heard the learned counsel for the petitioner, and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record, this court is inclined to grant anticipatory bail to the petitioner with certain conditions.
5.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, Gudiyatham, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) each with two sureties, each for a like sum to the satisfaction of the respondent police or the police officer who intend 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 Thumb Impression in the surety bond and the Magistrate may obtain a copy of his Aadhar card or Bank pass Book to ensure their identity; [b] the petitioner shall report before the respondent police on every day at 10.30 a.m., for a period of two weeks and thereafter on every Saturday at 10.30 a.m., until further orders;
[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]; [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S.
20-01-2025 ah To 1.The Judicial Magistrate, Gudiyatham.
2.The Inspector of Police, Gudiyatham Town Police Station, Vellore District.
3.The Public Prosecutor, High Court, Madras.
A.D.JAGADISH CHANDIRA, J.
ah CRL OP NO.114 of 2025 20.01.2025