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Madras High CourtCRL OP/20612/2025granted

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

2025-09-09Honourable Mrs.Justice T.V.Thamilselvi6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. Kumaran, S/o.Kamalanathan No.30/2, Raja Gramani Thottam, Raja Annamalaipuram, Chennai -600028

2. .K.Ravichandran, S/o.Kanniyappan No.921, Mandaiveli Lane Mylapore, Chennai -600004 Petitioner(s) Vs

1. The State rep. by The Inspector of Police, E-1 Mylapore Police Station Chennai (Cr.No. 388 of 2025) Respondent(s) PRAYER To enlarge the accused/petitioners on bail in the event of their arrest pending

investigation in E-1 Cr.No. 388/2025 on the file of the respondent police and thus render justice.

For Petitioner(s):

Dilip Kumar M K.Udhayakumar For Respondent(s):

Mr. S. Udayakumar, Government Advocate Crl. side

ORDER

This petition has been filed to enlarge the accused/petitioners on bail in the event of their arrest pending investigation in E-1 Cr.No. 388/2025 on the file of the respondent police.

2. The case of the prosecution is that the responded nabbed A1 while selling banned lottery ticket. Based on confession of A1, the petitioners implicated in this case. Hence, the FIR has been registered under Section 296(b), 132 of BNS and Section 5 and 7(3) of Lotteries Regulation Act 1998 in crime No. 388 of 2025.

3. The learned counsel for the petitioner submits that based on the confession the petitioner has been falsely implicated in this case. Hence, he prays to grant bail to the petitioner.

4.The learned Government Advocate (Crl side) submits that respondent police nabbed Al while selling lottery tickets, based on his confession the petitioner has been implicated in this case and also the petitioners are having previous cases. However, vehemently opposed for granting anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case based on the confession statement the petitioner has been implicated in this case and also the fact that the investigation is almost completed. Hence, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the XVIII Metropolitan Magistrate, Saidapet, Chennai, on condition that the petitioner 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 and on further condition 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 are directed to report before the respondent police on alternative days at 10.00 a.m for a a period of 8 weeks. Further, the petitioner shall deposit a sum of Rs.10,000/- to the credit of Madras High Court Advocate Clerks Welfare Association, Chennai.

[c] the petitioner 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 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 of Kerala [(2005)AIR SCW 5560].

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

09-09-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1. The XVIII Metropolitan Magistrate, Saidapet, Chennai.

2. The Inspector of Police, E-1 Mylapore Police Station Chennai.

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.

T.V.THAMILSELVI J.

CRL OP No. 20612 of 09-09-2025