Subaiya @ Subbaiyan v. The State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-02-2026

CORAM

THE HON'BLE MR.JUSTICE K.RAJASEKAR Subaiya @ Subbaiyan S/0.Govindharaj, Kulathumettu Street, Padiyanthal, Kallakurichi District -605 751 ..Petitioner(s) Vs The State Rep.by, The Inspector of Police, Thirukoilur Police Station, Kallakurichi District.

(Crime No. 59 of 2026) ..Respondent(s) PRAYER: To enlarge the petitioners on bail in the event of his arrest in connection with Crime No. 59 of 2026 on the file of the Respondent Police. For Petitioner(s):

U.Kathiravan For Respondent(s):

M/S.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 296(b), 132, 351(3) of BNS r/w. Section 12 of the Tamil Nadu Gaming and Police Laws Act, in Crime No.59 of 2026, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused involved in gambling. Hence, police party intervened, and prevented them, and on seeing the police party, they ran away from there. Hence, the case. 3.The learned counsel for the petitioner submitted that the petitioner is innocent person, and he has been falsely implicated in this case and that he is ready to abide by any conditions as may be imposed by this Court. Hence, he prays for grant bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and reported that totally 7 accused in this case; the petitioner is ranked as A1 and there is no previous cases pending against the petitioner. However, opposed for grant of bail to the petitioner.

5.Considering the nature of the offence and the submissions made by the learned counsels on either side and that there is no previous cases pending against the petitioner, I am 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, Thirukoilur, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen 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 petitioners 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 everyday 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.

17-02-2026 MPA To 1.The Judicial Magistrate, Thirukoilur.

2. The State Rep.by, The Inspector of Police, Thirukoilur Police Station, Kallakurichi District.

(Crime No. 59 of 2026) 3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR, J.

MPA 17-02-2026