Ranjith @Ranjith Kumar v. The State By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-04-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN 1.Ranjith @ Ranjithkumar S/o.Sekar, Bajanai Koil Street, Kandaneri Village & Post, Pallikonda Taluk, Vellore District.

2.Dhanapal S/o.Annamalai Ariya Goundar Street, Kandaneri Village & Post, Pallikonda Taluk, Vellore District.

Petitioner(s) Vs The State of Tamil Nadu, Represented by The Inspector of Police, Pallikonda Police Station, Vellore District.

Respondent(s) Criminal Original Petition filed under Section 482 of the BNS, 2023, to pass an order directing the petitioners to be released on bail in the event of their arrest in connection with Crime No.41 of 2025 on the file of the respondent/ police.

For Petitioner(s):

Mr.Thirumoorthy D For Respondent(s):

Mr.S.Santhosh Government Advocate (Crl.Side)

ORDER

The petitioners, who apprehend arrest in the hands of the respondent police for the offences punishable under Section 12 of the Tamil Nadu Gaming and Police Laws Act, 1930 (Amendment 2021) and sections 318 (4) of the Bharatiya Nyaya Sanhita (BNS), 2023, in connection with a case in Crime No.41 of 2025, seek anticipatory bail.

2. The case of the prosecution is that the petitioners along with other accused were playing cards and were involved in gambling and they were impleaded on the confession of the co-accused.

3. The learned counsel for the petitioners would submit that the allegations are false and that in any case, the custodial interrogation of the petitioners is not required and prayed for anticipatory bail.

4. The learned Government Advocate (Crl.Side) reiterated the prosecution case and submitted that the petitioners along with other accused were involved in the act of playing cards, commonly called Mangatha, which is banned by the State and objected to the grant of anticipatory bail to the petitioners.

5. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent police and perused the materials available on record.

6. Considering the nature of allegations, the fact that the petitioners were implicated on the confession of the co-accused and since the custodial interrogation of the petitioners is not required for the purpose of interrogation, this Court is inclined to grant anticipatory bail to the petitioners on certain conditions.

7. Accordingly, the petitioners are 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 learned Judicial Magistrate No.V, Vellore District, on condition that the petitioners 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, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that:

[a] the petitioners and 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 petitioners shall report before the respondent police as and when required for interrogation;

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial;

[d] the petitioners 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 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 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 B.N.S.

23-04-2025 nsd Index:Yes/No Speaking/Non-speaking order Internet:Yes;

To 1.The Inspector of Police, Pallikonda Police Station, Vellore District.

2.The Judicial Magistrate No.V, Vellore District.

SUNDER MOHAN J.

nsd 23-04-2025