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Haider Ali v. State rep. by, The Inspector of Police

Madras HC25 Oct 2025CRL OP/16672/2025

Case brief

AI extract

What is this about?

Madras High Court, CRL.O.P.No.16672 of 2025, decided 25.10.2025 by Justice K.Rajasekar: anticipatory bail granted to petitioner Haider Ali (A2) in Crime No.94 of 2025, Vandavasi South PS, Thiruvannamalai District, for alleged WhatsApp-group gambling/cheating offences under Sections 4(1)(a)(i) and 4(2) Tamil Nadu Gaming and Police Laws Act 1930 (Amendment 2021) and Section 318(4) BNS 2023; bail on Rs.20,000 bond with two sureties and daily reporting condition for three weeks; relies on P.K.Shaji v. State of Kerala (2005) AIR SCW 5560 for breach-of-conditions action.

What did the court decide?

Anticipatory bail in the event of arrest in Crime No.94 of 2025, on execution of a bond for Rs.20,000/- with two sureties and subject to conditions including daily reporting before the respondent police at 10.30 a.m. for a period of three weeks.

Haider Ali Vs State rep. by, The Inspector of Police — Cheating and Forgery | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, apprehending arrest in Crime No.94 of 2025 for offences punishable under Sections 4(1)(a)(i) and 4(2) of the Tamil Nadu Gaming and Police Laws Act, 1930 (Amendment 2021) and Section 318(4) of BNS, 2023, should be enlarged on anticipatory bail under Section 482 of B.N.S.S.

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Court's answer

Anticipatory bail granted to the petitioner, considering the submissions of both sides and the fact that he has no previous case, subject to certain conditions.

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Ratio / Principle

Petitioner to be released on anticipatory bail in the event of arrest or on appearance within fifteen days before the learned Judicial Magistrate, Vandavasi, on execution of a bond for Rs.20,000/- with two sureties each for a like sum, and subject to conditions including daily reporting before the respondent police at 10.30 a.m. for three weeks, non-tampering with evidence/witnesses and non-absconding; breach entitles the Magistrate/Trial Court to take appropriate action as per P.K.Shaji Vs. State of Kerala, and a fresh FIR can be registered under Section 269 of B.N.S. if he absconds.

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Detailed headnote1 paragraphs

Anticipatory bail - Crl.O.P. under S.482 of B.N.S.S. - Petitioner (A2 of two accused) apprehending arrest in Crime No.94 of 2025 for offences under Ss.4(1)(a)(i) and 4(2) of the Tamil Nadu Gaming and Police Laws Act, 1930 (Amendment 2021) and S.318(4) of BNS, 2023, alleged gambling through a whatsapp group to cheat the victim; videos, photographs and Rs.1,500/- seized - petitioner has no previous case - anticipatory bail granted before the learned Judicial Magistrate, Vandavasi on a bond of Rs.20,000/- with two sureties, each for a like sum, with conditions including daily reporting before respondent police at 10.30 a.m. for three weeks; on breach, Magistrate/Trial Court may act as laid down in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; fresh FIR under S.269 B.N.S. if accused absconds.

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 25.10.2025

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CORAM

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THE HONOURABLE MR JUSTICE K.RAJASEKAR

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CRL.O.P.No.16672 of 2025

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Haider Ali ... Petitioner

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Versus

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The State rep by its, The Inspector of Police, Vandavasi South Police Station, Thiruvannamalai District. (Crime No.94 of 2025) .. Respondent

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Prayer:- Criminal Original Petition filed under Section 482 of B.N.S.S., to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.94 of 2025 on the file of the respondent police.

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For Petitioner : Mr.Punniakoti Ganesan For Respondent : Mr.S.Udaya Kumar, Government Advocate (Crl. Side)

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O R D E R

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The petitioner, who apprehends arrest by the respondent police for

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the offences punishable under Sections 4(1)(a)(i) and 4(2) of the Tamil Nadu Gaming and Police Laws Act, 1930 (Amendment 2021) and under

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https://www.mhc.tn.gov.in/judis

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Section 318(4) of BNS, 2023 in Crime No.94 of 2025 seeks anticipatory bail.

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2.The allegation against the petitioner is that the petitioner joining hands with other accused, involved in gambling activities through a whatsapp group to cheat the victim. It is further alleged that the respondent police seized videos, photographs and a sum of Rs.1,500/- from the arrested persons. Hence, the complaint.

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3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that he is ready to abide by any conditions that may be imposed by this Court and hence prayed for grant of anticipatory bail to the petitioner.

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The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that there are two accused in this case and the petitioner is ranked as A2; and that he has no previous case pending against him. Hence, he opposed for grant of anticipatory bail to the petitioner.

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Heard the learned counsel for the petitioner as well as the learned

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https://www.mhc.tn.gov.in/judis

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Government Advocate (Crl.side) and perused the materials available on record.

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Considering the submissions made by the learned counsel on both sides, the fact that the petitioner has no previous case, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

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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) days from the date of receipt of a copy of this order before the learned Judicial Magistrate, Vandavasi, 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

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(a) 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;

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(b) the petitioner shall report before the respondent police, everyday at 10.30 a.m., for a period of three weeks and thereafter as and when required for

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https://www.mhc.tn.gov.in/judis

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interrogation;

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(d) the petitioner shall not abscond either during investigation or trial;

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(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 petitioners 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]; and;

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(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

25.10.2025

drl

1.The Judicial Magistrate, Vandavasi.

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