Sakthivel v. The State Rep. By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.12238 of 2025 Sakthivel .. Petitioner Vs.

The State rep by The Inspector of Police, Tiruchengode Town Police Station Namakkal District.

(Crime No.125 of 2025) .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of their arrest in Crime No.125 of 2025 on the file of the respondent Police.

For Petitioners : M/s.C.S.Saravanan For Respondent : Mr.S.Balaji Government Advocate(Crl.Side) Page No.1 of 6

ORDER

The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 4(1)(d), 8, 9 of Tamilnadu Gaming and Police Laws Act 1930 (Amendment 2021 and Section 296(b), 132, 351(3) of the Bharatiya Nyaya Sanhita (BNS), 2023 (294(b), 353, 506(ii) of IPC) r/w Section 4 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003 in Crime No.125 of 2025, seeks anticipatory bail.

2.

The case of the prosecution is that, based on secret information, the respondent police proceeded to the scene of occurrence and found the petitioner and other persons were playing cards and involved in gambling, leading to seizure of cost of Rs.3,96,000/-. Hence, the case. 3.

The learned counsel appearing for the petitioner submitted that the allegations are false and the petitioner is sought to be implicated only based on the confession of co-accused, and that in any case, custodial interrogation is not required and sought for anticipatory bail to the Page No.2 of 6

petitioner.

4.

The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case and on instructions submitted that the petitioner had financed others who indulged in gambling and that the cash of Rs.3,96,000/- and other materials were seized from the accused. 5.

Considering the nature of allegations, the fact that the cash was seized from the co-accused, the petitioner has no bad antecedents and since, custodial interrogation of the petitioner is not required for the purpose of investigation, 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 days from the date on which the order copy is made ready, before the Judicial Magistrate Court, Tiruchengode, on condition that the petitioner shall Page No.3 of 6

execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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 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 their Aadhar card or Bank pass Book to ensure their identity. [b] the petitioner shall report before the respondent police daily 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 petitioners 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 Page No.4 of 6

of Kerala [(2005)AIR SCW 5560];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

23.04.2025 Index : Yes / No Internet : Yes / No gbi To 1.The Inspector of Police, Tiruchengode Town Police Station Namakkal District.

2.The Judicial Magistrate Court, Tiruchengode 3.The Public Prosecutor, Madras High Court, Chennai.

Page No.5 of 6

SUNDER MOHAN , J.

gbi Crl.O.P.No.12238 of 2025 23.04.2025 Page No.6 of 6