P.Padmavathi v. The State Represented By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.10.2025

CORAM:

THE HON'BLE MR. JUSTICE N.SENTHILKUMAR

1. P.Padmavathi

2. K.Sasiregha ... Petitioners

Versus

The State, Rep. by, The Inspector of Police, Delta-2, CCD-1, Cyber Crime Police Station, Central Crime Branch, Vepery, Chennai - 600007.

(C.C. No.1739 of 2025) ... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, (BNSS), 2023, to enlarge the petitioners on bail in the event of their arrest in C.C No.1739 of 2025 in Crime No.23 of 2025 pending on the file of the respondent Police Station. For Petitioners : Mr. Ajith Kumar For Respondent : Mr. S. Santhosh, 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 351(2), 351(3) and 319 of the Bharatiya Nyaya Sanhita (BNS) 2023, r/w Sections 62, 296(b), 79, 61(2), 3(5) of BNS, and Section 66D of Information Technology (IT) Act 2000 and Sections 4 of Tamil Nadu Prohibition of Harassment of Women (TNPHW) Act, 1998 altered to U/s. 351(2), 351(3), 319(2) of BNS, 2023 and Section 66 D of IT Act,2000 and Sections 296(b), 79, 61(2) r/w Section 3(5) of BNS, in connection with the case in C.C No.1739 of 2025 in Crime No.23 of 2025, seek anticipatory bail.

2. The case of the prosecution is that the petitioners and others had obtained a loan with help of the defacto complainant and subsequently failed to repay the same. When the defacto complainant questioned them about the repayment, the petitioners refused and threatened the defacto complainant through Online social media. Hence, this case.

3.

Learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He further submitted that the petitioners have no connection

with the offence as alleged by the prosecution; and that the petitioners are ready to produce solvent sureties and to abide by any conditions that may be imposed by this Court and also undertakes to appear and to co-operate for the investigation, and sought for anticipatory bail to the petitioners. 4.

The learned Government Advocate (Criminal Side) appearing for the respondent police while opposing for grant of anticipatory bail to the petitioners, reiterated the prosecution case and on instructions submitted that the accused/A2 obtained a loan with the help of the defacto complainant from the Asirwad Micro Finance, which was not repaid, and also threatened the defacto complainant through Whatsapp. It was alleged that the accused/A1 impersonated as a Judicial Officer and threatened the defacto complainant, while the petitioners/A2 and A3 verbally abused the defacto complainant. The accused/A1 has been arrested and remanded to judicial custody. He further submitted that the investigation has been completed and the case has been taken on file in C.C.No.1739 of 2025, and is pending trial. 5.

Taking note of the facts and circumstances of the case, the nature of allegation against the petitioners, submissions made by the

learned counsels on either side, the fact that the petitioners has no previous cases pending against them and since custodial interrogation of the petitioners are not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6.

Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned XI Metropolitan Magistrate Court, Saidapet, on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- each (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] the petitioners and 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;

[b] the petitioners shall report before the

respondent Police as and when required for investigation, until further orders;

[c] the petitioners shall not tamper with evidence or witness either during the investigation or during the trial; [d] the petitioners shall not abscond either during investigation or during the trial;

[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 were 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].

[f] If the petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S. 03.10.2025 klt 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 XI Metropolitan Magistrate Court, Saidapet. 2.The Inspector of Police, Delta-2, CCD-1, Cyber Crime Police Station, Central Crime Branch, Vepery, Chennai - 600007. (C.C. No.1739 of 2025) 3.The Public Prosecutor, High Court of Madras, Chennai - 104.

N.SENTHILKUMAR, J.

klt 03.10.2025