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Madras High CourtCRL OP/6822/2026granted

S.Dhanasekar v. State Rep.By, Inspector Of Police,

2026-03-17Honourable Mr.Justice C.Kumarappan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.03.2026

CORAM

THE HON'BLE DR. JUSTICE C.KUMARAPPAN S.Dhanasekar ... Petitioner Vs.

The State Represented by, The Inspector of Police, T-6, Avadi Police Station, Thiruvallur District.

(Crime No.10 of 2026).

... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of his arrest in connection with Crime No.10 of 2026 on the file of respondent Police.

For Petitioner : Mr.G.Balachandar For Respondent : Mr.P.Dhileepan, Government Advocate (Crl.Side)

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 126(2), 308(2), 351(3) of BNS Act, in Crime No.10 of 2026, on the file of the respondent Police, seeks anticipatory bail.

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2. The case of the prosecution is that the de facto complainant is running a shop in the name of SSS Stores and, for the past two years, had been purchasing goods from the shop run by the petitioner's son. It is alleged that on 02.01.2026, the petitioner's son, namely Mani, along with his friend, extorted a sum of Rs.21,00,000/- and 10 sovereigns of gold from the de facto complainant. Hence, the complaint, and the respondent police registered a case in Crime No.10 of 2026 on 06.01.2026.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought anticipatory bail for the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that this is a case of kidnapping and extortion. He further submitted that, according to the petitioner, there was a money dispute between the petitioner's son and the de facto complainant, as the de facto complainant had some outstanding balance in respect of the goods purchased from the shop run by the petitioner's son, and when the same was demanded, the present complaint has been lodged. 2/4

5. At this juncture, the learned counsel for the petitioner submitted that A1 has already been granted anticipatory bail in Crl.O.P.No.6547 of 2026, dated 13.03.2026, and the said fact was not seriously disputed by the learned Government Advocate (Crl. Side). Considering the above circumstances and also considering the age of the petitioner, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate No.II, Poonamallee, 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;

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C.KUMARAPPAN, J.

(c) The petitioner shall report before the respondent police daily at 10.30 a.m., for a period of one week, and thereafter, as and when required for interrogation; (d) 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];

(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

17.03.2026 cda To 1.The Judicial Magistrate No.II, Poonamallee. 2.The Inspector of Police, T-6, Avadi Police Station, Thiruvallur District.

3.The Public Prosecutor, High Court of Madras.

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