Crl.OP.No.35701 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 09.01.2026 CORAM THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.35701 of 2025 Kowsalya ... Petitioner Vs. State represented by The Inspector of Police, Central Crime Branch-1, Chennai. .. Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in the event of their arrest pending investigation in Cr.No.217 of 2025 on the file of the Inspector of Police, Central Crime Branch-1, Chennai. For Petitioner : Mr.M.Selvam For Respondent : Ms.J.R.Archana Government Advocate (Crl.Side) ORDER The petitioner apprehends arrest for the alleged offence under Section 316(5) and 3(5) of BNS 2023 in Cr.No.217 of 2025 pending investigation on the file of the respondent police. seeks anticipatory bail. 1/5 https://www.mhc.tn.gov.in/judis Crl.OP.No.35701 of 2025 2. The allegation against the petitioner is that the petitioner is one of the Directors of the Private Company, dealing with re-pledge and advancing the gold loan. Accordingly, the defacto complaint has approached the petitioner herein for redeeming 1899 grams of gold and to repledge the same. Accordingly, the gold was redeemed and re-pledged with the petitioners company and within a short span of time, the defacto complainant has expressed her willingness to repay the loan amount and also come forward to redeem. However, this petitioner demanded high interest and also refused to return back the gold and misappropriated and cheated the defacto complainant. Hence, the complaint has been lodged against the petitioner. 3. The learned counsel appearing for the petitioner submitted that there is a consent letter given by the petitioner herein that within two months period, loan has to be redeemed, otherwise, they are entitled to sell the gold. Since, there is default on the part of the defacto complainant and they have sold the gold and there is no criminality involved in this case and prays to grant anticipatory bail to the petitioner. 2/5 https://www.mhc.tn.gov.in/judis Crl.OP.No.35701 of 2025 4. The learned counsel appearing for the Intervenor submitted that by producing e-mails before this court and contended that within a month, the defacto complainant has expressed his willingness to re-pay the money and get back the gold. However, without heeding to the request, they have sold it and enriched themselves. Hence, it is a classic case of cheating and opposed to grant anticipatory bail to the petitioner. 5. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that totally there are three accused involved in this case. Already, A1 and A3 were arrested and still in custody and he is one of the Directors of the Private Company and investigation is pending. Hence, she opposed the grant of anticipatory bail to the petitioner. 3/5 https://www.mhc.tn.gov.in/judis Crl.OP.No.35701 of 2025 6. I have gone through the documents filed before me, which revealed that though there is a consent letter, but the letter is also suggesting time limits and also the notice period etc, before effecting sale of pledged jewels. Since the petitioner herein has joined hands with other accused, sold the gold of the defacto complainant without following due process and the manner adopted by them shows that it is case of cheating and misappropriation. Hence, I am not inclined to grant anticipatory bail to the petitioner. 7 . Accordingly, this Criminal Original Petition is dismissed. 09.01.2026 Vv To 1. The XIV Metropolitan Magistrate Court, Egmore, Chennai. 2.The Inspector of Police, Central Crime Branch-1, Chennai. 3.The Public Prosecutor High Court of Madras, Chennai 600 104. 4/5 https://www.mhc.tn.gov.in/judis Crl.OP.No.35701 of 2025 K.RAJASEKAR , J. Vv Crl.O.P.No.35701 of 2025 09.01.2026 5/5 https://www.mhc.tn.gov.in/judis