Sakshay @ Akshay Tamil Selvan v. The State Rep By The Inspector Of Polic

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.05.2026

CORAM

THE HON'BLE MR. JUSTICE R.SAKTHIVEL S.Akshay @ Akshay Tamil Selvan, S/o. Sethupathy ... Petitioner/Accused No.2 Vs.

State, rep. by, The Inspector of Police, Tiruvallur Town Police Station, Tiruppur District.

... Respondent/Complainant (Crime No.214 of 2026) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.214 of 2026 on the file of the respondent police.

For Petitioner : Mr. S. Silambarasan For Respondent : Mr. A. Gopinath Government Advocate (Criminal Side) 1/8

ORDER

This Criminal Original Petition has been filed by the petitioner on 19.05.2026 under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant an order of pre-arrest bail.

2. The petitioner / Accused, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 191(2), 191(3), 296(b), 118(1), 351(3) of Bharatiya Nyaya Sanhita, 2023 in Crime No.214 of 2026 on the file of the respondent police.

3. The case of the prosecution is that on 17.05.2026,due to previous enmity, the petitioner along with other accused trespassed into the hotel and abused and assaulted the defacto complainant with glass bottles and caused injuries. Hence, the case.

4. Mr. S. Silambarasan, learned counsel appearing on behalf of the petitioners submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He would further submit that no previous case is pending against the petitioner. Hence he prayed to grant an order of pre-arrest 2/8

bail to the petitioner.

5. Per contra, Mr. A. Gopinath, the learned Government Advocate (Criminal Side) appearing on behalf of the respondent - Police submitted that there are totally 9 accused involved in this case in Crime No.214 of 2026 and the petitioner herein is arrayed as A2. He further submitted that due to previous enmity the petitioner along with other accused abused and attacked the defacto complainant with glass bottles in his hands and neck. However, he submits that the injured has been discharged from the hospital and that no previous case is pending against the petitioner.

6. Heard on both sides. This Court has perused the records.

7. Considering the facts and circumstances of the case, the nature of the offences; and that the petitioner has permanent residence and deep roots in society; there is less possibility of absconding; and there is no previous case against the petitioner; and with a view to give one more opportunity to reform himself, this Court is inclined to grant pre-arrest bail to the petitioner. Accordingly, pre-arrest bail is granted to the petitioner subject to the following conditions:

(i) The petitioner shall be released on pre-arrest bail in the event of his 3/8

arrest or in the event of his surrender before the learned Judicial Magistrate No.I, Tiruvallur, within a period of 15 days from the date on which the order copy is made ready, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) along with two sureties each for a like sum of Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the learned Judicial Magistrate No.I, Tiruvallur.

(ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Judicial Magistrate No.I, Tiruvallur, shall obtain a copy of any one of their identity proofs to ensure their identity.

(iii) The petitioner shall appear and sign before the respondent Police, daily at 10.00 a.m., until further orders. (iv) The petitioner shall make himself available for interrogation by a police officer as and when required.

(v) 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 them from disclosing such facts to the Court or to any police officer 4/8

or tamper with the evidence.

(vi) The petitioner shall not enter into the victim's house or his place. (vii) The petitioner shall also not, directly or indirectly, cause any threat to the defacto complainant and witnesses and shall not tamper the evidence. (viii) The petitioner shall not leave India without the prior permission of the Court.

(ix) The petitioner shall furnish their residential address and mobile number to the learned Judicial Magistrate No.I, Tiruvallur. (x) On breach of any of the aforementioned conditions, the learned Judicial Magistrate No.I, Tiruvallur, or Trial Court, as the case may be, is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by him as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].

8. Accordingly, this Criminal Original Petition is allowed subject to the 5/8

conditions stated supra.

21.05.2026 Index : Yes/No Internet : Yes/No ssi/ksa2 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 official website of this Court will be watermarked and will also have a QR code. To

1. The Judicial Magistrate No.I, Tiruvallur.

2. The Inspector of Police, Tiruvallur Town Police Station, Tiruppur District.

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3. The Public Prosecutor, High Court of Madras.

R.SAKTHIVEL, J.

ssi 7/8

Crl.OP.No.13354 of 2026 21.05.2026 8/8