IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.12.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA

Crl.O.P.No.19400 of 2020

Saravanan

... Petitioner

Versus

State Rep.by

... Respondent

The Station House Officer,

Cuddalore New Town Police Station,

Cuddalore District.

(Crime No.1209 of 2020)

Criminal Original Petition filed under Section 438 Cr.P.C. to

enlarge the petitioner on bail in the event of his arrest in

connection with Crime No.1209 of 2020 on the file of the

respondent police.

For Petitioner : Mr.K.Gandhi kumar

For Respondent : Mr. M. Mohamed Riyaz,

Additional Public Prosecutor

ORDER

(The case has been heard through video conference)

The petitioner, who apprehend arrest for the alleged offence

under Sections 4-A & 8 of the Tamil Nadu Gambling Act and Section

133 of IPC, in Crime No.1209 of 2020 on the file of the respondent

police, seeks anticipatory bail.

2.The case of the prosecution as unfolded from the complaint of

the de-facto complainant Ezhildasan, Sub-Inspector of Police is

that he received secret information that some persons are playing

cards (Mangatha) in Vijay Surya Hotel (Lodge) at Manjakuppam,

Cuddalore. When the defacto complainant along with his men entered

the hotel premises, the accused persons have escaped. However, the

defacto complainant recovered a sum of Rs.2,04,810/-, 3 set of

playing cards, two wheeler and 8 mobile phone. Hence, the

complaint.

3.The learned counsel appearing for the petitioner would submit

that the petitioner is innocent person and he has been falsely

implicated in this case based on the confession statement of other

co-accused. The petitioner was in fact called upon to execute a

https://hcservices.ecourts.gov.in/hcservices/

bond by the respondent police under Section 110 of Criminal

Procedure, but he refused, therefore, he was falsely implicated as

an accused in this case. He would further submitted that the

petitioner never indulged in any such offence as alleged by the

prosecution. It is further stated that the petitioner is also

prepared to deposit some amount to show his bonafide without

prejudice to his right in the case. Hence, he prays for the grant

of anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor appearing for the

respondent police submitted that there are seven accused in this

case. A sum of Rs.2,04,810/- has been recovered. The petitioner

is a history sheeter against whom a murder case is pending.

Therefore, he vehemently opposed for grant of bail to the

petitioner.

5.Taking into consideration of the voluntary submission made by

the petitioner offering to donate/pay considerable amount to any

charitable organization or association, this Court is of the

opinion that the petitioner shall be directed to make a

payment/donation of a sum of Rs.20,000/- (Rupees Twenty Thousand

only) to Don Bosco Anbu Illam, Social Service Society,

A/c.0042053000006317, IFSC Code:SIBL0000042, South Indian Bank,

George Town Branch and on such payment and production of proof, the

petitioner is directed to be released on bail in the event of his

arrest or on his appearance, within a period of fifteen days from

the date on which the order copy is made ready, before the learned

the Learned Judicial Magistrate No.II, Cuddalore, 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, failing which, the petition for

anticipatory bail shall stand dismissed and on further conditions

that:

[a] the petitioner and the sureties shall affix their

photographs and Left Thumb Impression in the surety bond and th