Akash Soloman Sadhaselvam v. The State By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.09.2025

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.24159 of 2025 Akash Soloman Sadhaselvam ... Petitioner Vs.

State rep by The Inspector of Police, Manimangalam Police Station, Tambaram District.

... Respondent (Cr.No.334 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest in connection with Cr.No.334 of 2025 on the file respondent police.

For Petitioner :

Mr.V.Manimaran For Respondent :

Mr.S.Udayakumar, Government Advocate (Crl.Side)

O R D E R

The petitioner herein apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 308(2), 351(3) of BNS in Crime No.334 of 2025, on the file of the respondent Police, seeks anticipatory bail.

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2. The petitioner is a habitual offender of extorting money under threat with the accused in Cr.N0.334 of 2025 for the offence under Sections 296(b), 308(2), 351(3) of BNS. The complainant is a Tea shop owner. When the accused and his friends asked tea for credit, the defacto complainant refused to provide tea. Hence, he was attacked with wooden log causing simple hurt .

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. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and opposed to grant anticipatory bail to the petitioner stated that this petitioner is a habitual offender and he is having two previous cases and he has threatened the shop owners.

5. Heard the learned counsels on either side and perused the materials available on record.

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6. Considering the objection and the nature of the complaint, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, on or before 19.09.2025, before the learned Judicial Magistrate, Sriperumpudur on condition that each of the petitioners shall execute separate bonds 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that [a] if the petitioner fail to surrender before the concerned Magistrate on or before 19.09.2025, 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 the identity proofs to ensure their identity;

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[c] the petitioner shall report before the Inspector of Police, Tiruvannamalai Town Police Station, Tiruvannamalai daily at 10.30 a.m., for a period of 30 days;

[d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 03.09.2025 Vv 4/6

To 1.The Judicial Magistrate, Sriperumpudur.

2. The Inspector of Police, Manimangalam Police Station, Tambaram District.

3. The Inspector of Police, Tiruvannamalai Town Police Station, Tiruvannamalai

4. The Public Prosecutor, High Court of Madras.

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Dr.G.JAYACHANDRAN, J.

Vv Crl.O.P.No.24159 of 2025 03.09.2025 6/6