Kathirvelu v. State Rep By, Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26-12-2025
CORAM
THE HONOURABLE MR.JUSTICE P. DHANABAL CRL OP No. 35461 of 2025 Kathirvelu S/o. Somu, No.615, New Tank Street, Karugambathur, Vellore.
Petitioner(s) Vs State Rep by, Inspector of Police, Virinchipuram Police Station, Vellore.
(Crime No.256/2025).
Respondent(s) PRAYER :To enlarge the petitioner on bail in Crime No.256/2025 pending investigation on the file of the respondent police. For Petitioner(s):
G. Balamanikandan For Respondent(s): Mr.S.Vinoth Kumar Government Advocate (Crl. Side)
ORDER
The petitioner / Accused, who was arrested and remanded to judicial custody on 21.11.2025 for the offences punishable under Section 4(3) of the Tamil Nadu Gaming and Police Laws Act, 1930 (Amendment 2021) and Section 111 and 318 of BNS, 2023, in Crime No.256 of 2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner /A1 along with other accused was running an illegal cotton gambling at his house and induced the public and collected money from them by promising five fold returns. Hence the case.
3. The learned counsel appearing for the petitioner / accused would submit that the petitioner is an innocent and he has been falsely implicated in this case. He would further submit that the petitioner was arrested and he was in judicial custody from 21.11.2025. Hence, he prayed bail for the petitioner.
4. The learned Government Advocate appearing for the respondent would submit that the investigation is pending, if the petitioner is released on bail, he will commit the same kind of offence and hence, he strongly opposed to grant bail.
5. Heard both sides and perused the materials available on record.
6. Considering the rival submissions made by the learned counsel on either side and considering the period of incarceration undergone by the petitioner from 21.11.2025, this Court is inclined to grant bail to the petitioner, subject to certain conditions.
[a] Accordingly, the petitioner is ordered to be released on bail on his executing 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 Judicial Magistrate No.IV, Vellore, and on further conditions that:- [b] the petitioner shall report before the respondent police on every Saturday for a period of four weeks.
[c] the petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;
[d] the petitioner shall not abscond either during investigation or trial;
[e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence; [f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner 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].
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
26.12.2025 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order mtl / smn 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. State Rep by, Inspector of Police, Inspector of Police, Virinchipuram Police Station, Vellore.
(Crime No.256/2025).
2. The Judicial Magistrate No.IV, Vellore.
3.The Central Prison, Vellore.
P.DHANABAL , J.
mtl/smn CRL OP No. 35461 of 2025 26.12.2025