Suriya Alias Arumugam v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.01.2025

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.318 of 2025:- Suriya @ Arumugam ... Petitioner Vs.

The State represented by The Inspector of Police, (in Crime No.844 of 2024) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail in the event of his arrest in Crime No.844 of 2024 on the file of the respondent police.

Crl.O.P.No.319 of 2025:- Suriya @ Arumugam ... Petitioner Vs.

The State represented by The Inspector of Police, (in Crime No.846 of 2024) ... Respondent

PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail in the event of his arrest in Crime No.846 of 2024 on the file of the respondent police.

Crl.O.P.No.320 of 2025:- Suriya @ Arumugam ... Petitioner Vs.

The State represented by The Inspector of Police, (in Crime No.845 of 2024) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail in the event of his arrest in Crime No.845 of 2024 on the file of the respondent police.

In all Crl.O.Ps For Petitioner : Mr.N.Sriramaselvam For Respondent : Mr.S.Santhosh Government Advocate (Crl.side) COMMON ORDER Apprehending arrest in connection with Crime Nos.844, 846 and 845 of 2024 registered for the offences punishable under Sections 318(4) of BNS read with Sections 5 and 7(1) of Lottery Regulation Act, the present petitions have been filed seeking anticipatory bail.

2. Pleading innocence on the part of the petitioner, false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. Learned counsel for the petitioner would submit that the petitioner is an innocent person and a false case has been implicated against the petitioner. He further submitted that the petitioner is ready and willing to abide by any stringent conditions that may be imposed by this Court.

3. The case of the prosecution as putforth by the learned Government Advocate (Crl.side) appearing for the respondent Police while opposing for grant of anticipatory bail to the petitioner would submit that the petitioner was found in possession of banned lottery tickets and on seeing the respondent Police, the accused ran away from the scene of occurrence. He would further submit that the petitioner has three previous cases pending against him.

4. In reply, the learned counsel for the petitioner would submit that other than these cases, registered continuously in three crime

numbers, there is no other case pending against the petitioner.

5. Having heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent and perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions and 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 of receipt of a copy of this order, before the Judicial Magistrate No.I, Udumalpet, on condition that the petitioner shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), each 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 everyday 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 absconds, a fresh FIR can be registered under Section 269 of BNS.

09.01.2025 mn

A.D.JAGADISH CHANDIRA.,J.

mn To

1. The Inspector of Police,

2. The Public Prosecutor, High Court of Madras.

09.01.2025