Pathu @ Padmanathan v. State By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-10-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR Pathu @ Padmanathan Petitioner(s) Vs State by The Inspector of Police, Kedar Police Station, Villupuram District. (Cr.No. 135 of 2025) Respondent(s) PRAYER Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to enlarge the petitioner on Anticipatory bail in the event of their arrest, pending investigation in Cr.No.135/2025, on the file of the Kedar Police Station, Villupuram District. For Petitioner(s):

Mr.D Ashok Kumar For Respondent(s):

Mr.S.Udayakumar Government Advocate Crl.side

ORDER

The petitioner, who apprehends arrest for the alleged offence under Sections 112(2), 132, 296(b) & 351(2) of BNS and U/s. 12 of Tamil Nadu Gaming and Police Laws Act, in Crime No.135 of 2025, on the file of the respondent police 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 playing cards and involved in gambling, leading to the seizure of Rs.30,700/- and 40 playing cards. 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 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.30,700/- and 40 playing cards were seized from the accused. He submitted that the coaccused were arrested and released on bail and that the investigation in this case is pending. Hence, he opposed for grant of anticipatory bail to the petitioner. 5.

Considering the nature of allegations, co-accused were already released on bail, the investigation is pending, 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-II, Villupuram, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen 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., for a period of two weeks and thereafter as and when required for interrogation.

[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 of Kerala [(2005)AIR SCW 5560];

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

28-10-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.State by The Inspector of Police, Kedar Police Station, Villupuram District. (Cr.No. 135 of 2025) 2.The Judicial Magistrate-II, Villupuram.

3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

gbi CRL OP No. 29184 of 28-10-2025