Bharath @ Bharath Kumar v. The State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-02-2026

CORAM

THE HON'BLE MR.JUSTICE K.RAJASEKAR Bharath @ Bharath Kumar ..Petitioner(s) Vs The State Rep.by, The Inspector of Police, Vellore South Police Station, Vellore District.

Cr.No.23 of 2026.

..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest in Cr.No.23 of 2026 on the file of the Respondent Police. For Petitioner(s):

Mr.K Sathish Kumar For Respondent(s):

Ms.J.R.Archana Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 4(3) of Tamil Nadu Gaming

Act 1930 R/w Section 318(4) of BNS, in Crime No.23 of 2026, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner joining hands with other accused involved in gambling activities and cheated the defacto complainant to a sum of Rs.1,000/-. Hence the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further that he is ready to abide by any conditions as may be imposed by this Court. Therefore, he prays for grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.side) appearing for the respondent police reiterated the prosecution case and opposed to grant anticipatory bail to the petitioner. He further submitted that there are five previous cases pending against the petitioner and the investigation in this case is pending. Hence, he opposed for the grant of anticipatory bail to the petitioner.

5. Considering the above fact and circumstances of the case and also considering that the submissions made on either side, investigation in this case is pending, though it is reported that the petitioner is having five previous cases, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate No.-I, Vellore, Vellore District on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition:

(a) If the petitioner fails to surrender before the concerned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;

(c) The petitioner shall report before the respondent police every Saturday at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation;

(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions 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 v. State of Kerala [(2005) AIR SCW 5560];

(e) If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

12-02-2026 GBI To 1.The State Rep.by, The Inspector of Police, Vellore South Police Station, Vellore District.

Cr.No.23 of 2026.

2.The Judicial Magistrate No.1, Vellore, Vellore District. 3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR, J.

GBI 12-02-2026