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Madras High CourtCRL OP/25370/2025granted

C. Senthil Kumar v. State, Rep. By Inspector Of Police

2025-09-16Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.09.2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR Crl.O.P.No.25370 of 2025

1. C.Senthil Kumar

2. V.Rangan ... Petitioners Vs.

State Rep by The Inspector of Police, S-13, Chrompet Police Station, Tambaram District.

... Respondent (Cr.No.not known of 2025) 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 pending investigation in Cr.No.not known of 2025 on the file of the respondent police.

For Petitioners : Mr.K.Rahul For Respondent : Mr.S.Udayakumar Government Advocate (Crl. Side)

O R D E R

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 8 and 9 of Gaming and Police Act, 1930 and under Section 45 and 46 of City Police Act, 1888, 1/6

under Section 132 of BNS Act, 2023 in Crime No. not known of 2025, on the file of the respondent Police, seek anticipatory bail. 2.The case of the prosecution is that on 07.09.2025, at about 9pm , the petitioners along with others accused persons were involved in playing cards and at that time, the respondent police, who were on patrol duty, seized some tobacco products from the accused persons. Hence, the case.

3. The learned counsel for the petitioners submits that the petitioners are innocent persons and they have been falsely implicated in this case. He also submits that the petitioners are ready to abide by any conditions that may be imposed by this Court and ready to furnish sufficient solvent sureties for their release. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal side) for the respondent police, reiterated the prosecution case and submits that there are totally 12 accused in this case and the petitioners are arrayed as A1 and A2. Hence, he opposed to grant anticipatory bail to the petitioners. 2/6

5. Heard the learned counsels and perused the materials available on record.

6. Considering the facts and circumstances of the case, nature of allegations, submissions made by learned counsels on either side, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

7. 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 on which the order copy made ready, before the learned Judicial Magistrate No.I, Tambaram on condition that the petitioners shall execute a separate 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 learned Magistrate concerned and on further condition that: (a) If the petitioners fails to surrender before the concerned Magistrate, within a period of fifteen 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 3/6

Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[c] the petitioners shall report before the respondent Police daily 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 aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned 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 vs. State of Kerala [(2005)13 SCC 283];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 16.09.2025 nr To 4/6

1.The Judicial Magistrate No.I,Tambaram.

2. The Inspector of Police, S-13, Chrompet Police Station, Tambaram District.

3. The Public Prosecutor, High Court of Madras.

K.RAJASEKAR , J.

nr 5/6

Crl.O.P.No.25370 of 2025 16.09.2025 6/6