CRL OP No. 25123 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-09-2025 CORAM THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP Nos. 25123 & 25124 of 2025 1. A.Kathirvel/A3 ..Petitioner in CRL OP No.25123 of 2025 1.A.K.Hariprasath/A1 2.Manjula/A2 3.Priyadarshini/A5 ..Petitioner in CRL OP No.25124 of 2025 Vs The State rep. by The Inspector of Police, SRMC-AWPS, Avadi, Chennai. Crime No.13/2025 Respondent(s) in both petitions COMMON PRAYER These petitions have filed under Section 482 of BNSS, 2023, seeking to enlarge the Petitioners on bail in the event of his arrest in Crime No. 13 of 2025 pending investigation on the file of the Respondent police. For both petitions For Petitioner(s): Mr.T.Sai Krishnan For Intervenor M/s.G.Sweetha For Respondent(s): Mr.S.Udayakumar Government Advocate Crl.side https://www.mhc.tn.gov.in/judis CRL OP No. 25123 of 2025 ORDER The Petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 69, 318(2), 318(4) & 351(3) of BNS 2023, in Crime No.13 of 2025, on the file of the respondent police, seek anticipatory bail. 2.The prosecution case is that the defacto complainant is a divorcee who had developed a relationship with the A1 herein at Udumalpet, and they had also decided to marry. Subsequently, as the horoscope did not match and the family members did not accept the marriage, the proposed marriage did not materialise. However, A.K.Hariprasath/A1 and the defacto complainant continued their relationship. It is further alleged that A.K.Hariprasath/A1 had collected 40 sovereigns of jewels and a sum of Rs.1,00,000/- from the defacto complainant under the pretext of starting a showroom at Chennai. Thereafter, he began to neglect her. Later, she came to know that A1 had joined his former wife and continued his relationship with her. When she raised objections, he abused her in a criminal manner and also threatened her. Further investigation https://www.mhc.tn.gov.in/judis CRL OP No. 25123 of 2025 revealed that the A1 has a habit of cheating women and collecting money from them. Hence, the defacto complainant has come forward with the present complaint. 3.The learned counsel appearing for the petitioners submits that A.K.Hariprasath/A1 has never met the defacto complainant and did not have any relationship. He further submits that A1 has not received any money from the defacto complainant. Hence, prays for the grant of anticipatory bail to the petitioners. 4.The learned counsel for the Intervenor submits that the defacto complainant has produced WhatsApp chats and other materials to demonstrate that there was a relationship between A1 and the defacto complainant, and in the WhatsApp they also discussed about the alleged transactions. 5.The learned Government Advocate (Crl.side) for the respondent police reports that the investigation is ongoing following the registration of the FIR, https://www.mhc.tn.gov.in/judis CRL OP No. 25123 of 2025 and that WhatsApp chats have been produced as part of the evidence. He further submits that A1 is also involved in another case of a similar nature and opposed for grant of anticipatory bail to the petitioners. 6.Heard the learned counsel for the petitioners as well as the learned Government Advocate (Crl.side) and perused the materials available on records. 7.This Court has gone through the CD files and the WhatsApp chats between the A1 and the defacto complainant and the specific averment that they had intercourse with several days though the defacto complainant narrated the facts regarding A1 receiving the 40 sovereigns of jewels and a sum of Rs.25,000/-. 8.Considering the facts and circumstances of the case, the overtact levelled against the A1 and the submissions made by the learned Government Advocate (Crl.side) and the learned counsel for the Intervenor, this Court is not inclined to grant the relief sought by the A1 and insofar as the other petitioners https://www.mhc.tn.gov.in/judis CRL OP No. 25123 of 2025 are concerned and there is no specific allegation levelled against them, this Court is inclined to their relief sought by A.Kathirvel/A3, Manjula/A2, Priyadarshini/A5. Accordingly, anticipatory bail in respect of A.K.Hariprasath/A1 is dismissed and in respect of other petitioners namely A.Kathirvel/A3, Manjula/A2, Priyadarshini/A5 is granted subject to the conditions:- 9. Accordingly, A.Kathirvel/A3, Manjula/A2, Priyadarshini/A5 are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the copy of the order is made ready, before the learned Judicial Magistrate Court-I, Poonamallee on condition that the A.Kathirvel/A3, Manjula/A2, Priyadarshini/A5 shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, 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: https://www.mhc.tn.gov.in/judis CRL OP No. 25123 of 2025 (a) 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 A.Kathirvel/A3, Manjula/A2, Priyadarshini/A5 shall report before the respondent police for one week at 10.30 a.m., and thereafter as and when required for interrogation. (c) the A.Kathirvel/A3, Manjula/A2, Priyadarshini/A5 shall not tamper with evidence or witness either during investigation or trial; (d) the A.Kathirvel/A3, Manjula/A2, Priyadarshini/A5 shall not abscond either during investigation or trial; (e) on breach of any of the aforesaid conditions, the Magistrate/ Trial Court is entitled to take appropriate action against the A.Kathirvel/A3, Manjula/A2, Priyadarshini/A5 in accordance with law as if the conditions have been imposed and the A.Kathirvel/A3, Manjula/A2, Priyadarshini/A5 released on bail by the Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) https://www.mhc.tn.gov.in/judis CRL OP No. 25123 of 2025 AIR SCW 5560]; and; (f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC. 25-09-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis CRL OP No. 25123 of 2025 To 1.The State rep. by The Inspector of Police, SRMC-AWPS, Avadi, Chennai. Crime No.13/2025 2.The Public Prosecutor High Court of Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 25123 of 2025 K.RAJASEKAR J. gbi CRL OP No. 25123 of 2025 25-09-2025 https://www.mhc.tn.gov.in/judis