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Judgment
The petitioner/A2 who apprehend arrest at the hands of the respondent police for the offenses punishable under Sections 296(b), 115(2) and 351(2) of BNS and Section 79 of the BNS, 2023, r/w. Section 4 of TNPHW Act, 2002, in Crime No. 470 of 2026 on the file of the respondent Police, seeks anticipatory bail.
The allegation against the petitioner is that she had borrowed a sum of Rs.17,00,000/- from the de-facto complainant for interest at the rate of 5%.. Thereafter, the petitioner failed to repay the same. Subsequently, the de-facto complainant demanded exorbitant interest. Hence the case.
The learned Counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution. He would further submit that the husband/A1 of the petitioner has already arrested and released on bail on 29.09.2026. He would further submit that the de-facto complainant lending money to the petitioner with interest at the rate of 5%. He would further submit that the case was pending against the de-facto complainant before the learned Judicial Magistrate, Ambattur, in Crl.M.P.No. 1237 of 2026. He would further submit that the petitioner is ready to abide by any condition that may be imposed by this Court and ready to co-operate for the investigation. Hence, he prayed to grant anticipatory bail to the petitioner.
Per contra, the Learned Government Advocate (Criminal side) appearing for the respondent police reiterated the prosecution case and submitted that A1 who is the husband of the petitioner herein, has already arrested and released on bail on 29.09.2026. He would further submit that the de-facto complainant lending money to the petitioner and demanded exorbitant interest. Therefore, he opposed to grant anticipatory bail to the petitioner.
Considering the fact that the petitioner is a woman, and the petitioner is not having any previous case and considering the fact that the petitioner/A1 has already been arrested and released on bail on 29.09.2026, this Court is inclined to grant anticipatory bail to the petitioner.
Accordingly, the petitioner is ordered to be released on bail in the 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, Ambattur Court, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that:-
If the petitioner fail to surrender before the concerned Magistrate, within a period of fifteen days from the date of receipt of a copy of this order, 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 petitioner shall report before the respondent Police as and when required for interrogation.
[d] 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 themselves 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.