Madras High Court
Muthusamy @ Mms vs State Rep By The Inspector Of Police, on 13 May, 2026
Crl. O.P. No.12030 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-05-2026
CORAM
THE HON'BLE MR.JUSTICE P. DHANABAL
Crl. O.P. No.12030 of 2026
Muthusamy @ MMS
S/o.Murugappan,
..Petitioner(s)
Vs
State rep by The Inspector of Police,
Bagayam Police Station,
Bagayam, Vellore District.
(Crime No.24 of 2026)
..Respondent(s)
PRAYER: Criminal Original Petition filed under Section 482 of BNSS, 2023,
praying to enlarge the petitioner on bail in the event of his arrest in Crime No.24
of 2026 on the file of the Inspector of police, Bagayam Police Station,
Bagayam, Vellore District.
For Petitioner(s): Mr.G.Vinodh Kumar
For Respondent(s): Mr.S.Balaji
Government Advocate (Crl.Side)
ORDER
The petitioner/ accused who apprehends arrest in the hands of the respondent police for the offences punishable under Sections in connection with Crime No.24 of 2026 seeks anticipatory bail.
2. The case of the prosecution is that, the defacto complainant one __________ Page 1 of 6 https://www.mhc.tn.gov.in/judis Crl. O.P. No.12030 of 2026 Bhuvaneshwari, Sub-Inspector of Police, Bagayam Police Station had lodged a complaint against the petitioner and other accused persons. On 31.01.2026, when the defacto complainant and the other police party were on routine check up near Thorapadi Tollgate, they found that accused Nos.A1 to A3 were selling fake lottery tickets. When they caught the accused persons and enquired about the same, the accused persons confessed that the fake lottery tickets were bought by the petitioner from other States and they were selling it here at a higher price. Hence the case.
3. Learned counsel appearing for the petitioner submitted that the petitioner the case has been falsely implicated against the petitioner based on the confession statements of co-accused’s in this case He further submitted that petitioner is a law abiding citizen and would the petitioner is ready to abide by the conditions that may be imposed by this Court. Hence, he prayed anticipatory bail for the petitioner.
4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that petitioner has seventeen (17) previous cases and in all cases the petitioner was enlarged on bail, hence, he vehemently opposed grant of anticipatory bail to the Petitioner.
5. Heard both sides and perused the materials available on record.
__________ Page 2 of 6 https://www.mhc.tn.gov.in/judis Crl. O.P. No.12030 of 2026
6. Considering the rival submissions made by the learned counsel on either side, and the fact that the petitioner was implicated based on the confession statement made by co-accused who were arrested, though the according to the prosecution, the petitioner has seventeen previous cases, considering that the petitioner has been granted bail in all the previous cases, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions:
7. 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 made ready, before the learned District Munsif cum Judicial Magistrate-I at Vellore District 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 learned Magistrate concerned and on further condition that:
[a] the petitioner shall report before the Arani Town Police Station, daily at 10.00 a.m for a period of 30 days and thereafter as and when required for interrogation.
[b] 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 her from disclosing such facts to the Court or to any police officer;
[c] the petitioner shall not leave India without the previous permission of __________ Page 3 of 6 https://www.mhc.tn.gov.in/judis Crl. O.P. No.12030 of 2026 the Court;
[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 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];
[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 BNSS, 2023.
13-05-2026 MKA/SHA 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.
__________ Page 4 of 6 https://www.mhc.tn.gov.in/judis Crl. O.P. No.12030 of 2026 To:
1.The Judicial Magistrate-I, Vellore.
2.The Inspector of Police, Bagayam Police Station, Bagayam, Vellore District.
3.The Public Prosecutor, Madras High Court, Chennai.
__________ Page 5 of 6 https://www.mhc.tn.gov.in/judis Crl. O.P. No.12030 of 2026 P.DHANABAL J.
MKA/SHA Crl. O.P. No.12030 of 2026 13-05-2026 __________ Page 6 of 6 https://www.mhc.tn.gov.in/judis