Suban v. State By, Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Suban S/o. Ameer, No.18/24, Bharathiyar Street, Arcot Taluk, Ranipet District.

..Petitioner(s) Vs The State represented by:

The Inspector of Police, Arcot Town Police Station, Ranipet Distict.

[Cr.No.69 of 2026] ..Respondent(s) PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioners on bail in the event of arrest by the respondent police in Crime No.69/2026 on the file of the respondent police.

For Petitioner(s):

Mr. D. Thirumoorthy For Respondent(s):

Mr. N. Palanivel, Government Advocate (Criminal Side).

ORDER

The petitioner, who apprehends arrest for the alleged offences under Sections 7(3) of The Lotteries (Regulation) Act and Section 318(4) of B.N.S. in Crime No.69 of 2026, on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that on 08.03.2026, the petitioner had involved in selling the banned lottery tickets. Hence the case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent and he has nothing to do with the commission of offence as alleged by the prosecution. The learned counsel would further submit that the petitioner is a patient affected by brain stroke and he is ready and willing to abide by any condition that may be imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioner.

4. At this juncture, the learned Government Advocate (Crl.Side) appearing for the respondent police would submit that the petitioner has three previous cases and hence strongly objected to grant anticipatory bail to the petitioner.

5. Heard the submissions made by the learned counsel on either side and perused the materials available on record.

6. Though the petitioner has got three previous cases, the learned counsel appearing for the petitioner would submit that the petitioner is aged 57 years and he is also a patient, affected with brain stroke and he was discharged on 30.05.2026. Considering the said serious medical condition of the petitioner,

this Court is inclined to enlarge the petitioner on anticipatory bail, subject to certain conditions:

7. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on her appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned District Munsif-cum-Judicial Magistrate, Arcot 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 conditions: (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 sign before the respondent police as and when required by the investigation officer 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 anticipatory 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 petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

15-06-2026 MJS Note:

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

To

1. The District Munsif-cum-Judicial Magistrate, Arcot.

2. The Inspector of Police,Arcot Town Police Station, Ranipet Distict.

3. The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J.

MJS 15-06-2026