Devi P v. State Rep By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.06.2025

CORAM

THE HON'BLE MR. JUSTICE M.NIRMAL KUMAR 1.P.Devi

2. Brundha ... Petitioners Vs.

The State represented by, The Inspector of Police, H8-Thiruvotriyur Police Station, Chennai - 600 019 Crime No.613 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of his arrest in connection with Crime No. 613 of 2025 on the file of respondent Police.

For Petitioners :

Mr.V.Sriram For Respondent :

Mr.R.Vinothraja Government Advocate (Criminal Side)

O R D E R

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 118(1), 351(3) of BNS and Sections 3 & 4 of Tamilnadu Prohibition of Charging Exorbitant Interest Act and Section 4 of TNPHW Act in Crime No.613 of 2025, on the file 1/6

of the respondent Police, seeks anticipatory bail.

2. The contention of the learned counsel appearing for the petitioners is that the petitioners were earlier granted bail in Crl.O.P.No.11618 of 2025 on 21.04.2025 in connection with Crime No.613 of 2025 for the offences under Sections 296(b), 118(1), 351(3) of BNS and now the petitioners understands that Sections 3 & 4 of Tamilnadu Prohibition of Charging Exorbitant Interest Act and Section 4 of TNPHW Act has been included and hence, he seeks for bail.

3. Learned Government Advocate (Criminal Side) appearing for the respondent police fairly concedes with the submissions of the learned counsel for the petitioners, however he opposed for grant of bail to the petitioners.

5. Heard both sides and perused the materials available on record.

6. Considering the submissions made by the learned counsel appearing on either sides and taking note of the nature of the allegations and since, custodial interrogation of the petitioners is not required, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail in the 2/6

event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Thiruvotriyur on condition that the petitioners 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 respondent police or the police officer who intends to arrest or 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 petitioners fails to surrender before the said Magistrate within a period of fifteen days, 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; [c] the petitioners shall report before the respondent Police daily at 10.30.a.m., for a period of three weeks and thereafter as and when required for interrogation;

[d] the petitioners shall not abscond either during investigation or trial and he shall make himself available for 3/6

interrogation by a Police Officer as and when required; [e] the petitioners shall not directly or indirectly cause any threat to the de facto complainant and witnesses and shall not tamper with evidence or witness either during investigation or trial;;

[f] the petitioners to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;

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

[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 24.06.2025 sma To 4/6

1. The Judicial Magistrate, Thiruvotriyur

2. The Inspector of Police, H8-Thiruvotriyur Police Station, Chennai - 600 019

3. The Public Prosecutor, High Court of Madras.

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M.NIRMAL KUMAR, J.

Sma 24.06.2025 6/6