CRL OP/28474/2026 of Santhosh Vs The State Rep by The Inspector of Police on 3 November 2026

ORDER

The petitioner apprehends arrest for the alleged offence under Sections 297 BNS, 5,7(3) Lottery Regulation Act, 1998, on the file of the respondent police seeks anticipatory bail.

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2. The petitioner was granted bail in Crl.M.P.No.1069 of 2026, by order dated 08.07.2026, in Crime No.307 of 2026, subject to various conditions, including a condition that the petitioner shall not commit any offence of a similar nature. However, subsequently, the petitioner was arrested on 18.08.2026 in Crime No.406 of 2026 for allegedly committing a similar offence. Therefore, the State filed a petition in Crl.M.P.No.1410 of 2026 seeking cancellation of bail. Accordingly, the learned Judicial Magistrate No.II, Villupuram, by order dated 07.09.2026, cancelled the bail already granted to the petitioner for violation of the bail conditions.

3. The learned Government Advocate (Criminal Side) submits that the case is still under investigation and that the charge sheet has not yet been filed.

4. Having regard to the fact that the petitioner was already granted bail in this case and that the bail was subsequently cancelled only on the ground of violation of one of the bail conditions, and considering the petitioner’s undertaking to strictly comply with the bail conditions and co-operate with the investigation, this Court is inclined to grant anticipatory bail to the petitioner, subject to the following conditions:

5. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen (15)

CRL OP No. 28474 of 2026

days from the date on which the order copy is made ready, before the learned Judicial Magistrate-II, Villupuram, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:

(a) If the petitioner fails to surrender before the concerned learned Magistrate within a period of fifteen (15) 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 Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;

(c) The petitioner shall not indulge in any offence of a similar nature. In the event of any violation of this condition, the respondent Police are at liberty to register a separate FIR and initiate appropriate proceedings, besides moving this Court for cancellation of bail; (d) The petitioner shall report before the respondent police daily at 10.30a.m., until further orders;

CRL OP No. 28474 of 2026

(e) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560]; (f) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 03-11-2026 nvi To

1. The Judicial Magistrate-II, Villupuram.

2. The Inspector of police Valavanur Police Station, Villupuram District.

3. The Public Prosecutor, High Court of Madras.

CRL OP No. 28474 of 2026

N.RAMESH, J. nvi CRL OP No. 28474 of 2026 03-11-2026