✦ High Court of India · 14 Aug 2025

High Court · 2025

Case Details High Court of India · 14 Aug 2025
Court
High Court of India
Decided
14 Aug 2025
Length
1,077 words

Crl.OP.No.22700 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 14.08.2025CORAM THE HONOURABLE Dr.JUSTICE G.JAYACHANDRANCrl.O.P.No.22700 of 2025Senthilnathan @ Azhwar Senthil ... PetitionerVs.State rep by Inspector of Police,Delta 2, Cyber Crime Police Station,Central Crime Branch, Chennai... RespondentCr.No.23 of 2025PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in pending investigation in Delta 2, Cyber Crime Police Station in Cr.No.23 of 2025 on the file of the respondent police. For Petitioner:Mr.V.Parthiban For Respondent :Mr.L.Baskaran Government Advocate (Crl.Side)sO R D E RThe petitioner herein was arrested on 28.05.2025 on the complaint given by one Smt.Nandini Thiyagarajan. 2. The respondent police on completion of investigation has filed final 1/8 https://www.mhc.tn.gov.in/judis Crl.OP.No.22700 of 2025 report which reveals that : “..... During the course of investigation, it was revealed that the accused A2, Ms.Padmavathi, had approached the complainant, Tmt.Nandini Thiyagarajan, in the year 2019 seeking financial help for her daughter's marriage and obtained a Rs.30,000/- loan through Asirwad Micro Finance with the assistance of the complainant. She later repaid only part of the the loan and became untraceable. Despite repeated follow-ups, the remaining amount remained unpaid. Thereafter, A2 again sought help and was facilitated two further loans of Rs.30,000/- eachthrough SURYODAY and another self-help by the complainant. In 2021, A2 also sought a loan of Rs.1,00,000/-, and though only Rs.30,000/- was arranged via EQUITAS and repaid, A2 defaulted on the earlier loans, showing continued dishonest intention. The Accused, Senthilnathan @ Azhwar Senthil, who claimed to be A2's son-in-law, contacted the complainant on 21.06.2024 from mobile number 9384611463, claiming the Asirwad loan was fully paid off but still showed an outstanding balance and demanded the complainant to clear the loan. The accused A1 then repeatedly threatened the complainant on 02.07.2024 with dire consequences if she did not settle the loan, and on 03.07.2024 from another number 9884211992, had contacted the complainant and Asirwad Manager Vignesh, 2/8 https://www.mhc.tn.gov.in/judis Crl.OP.No.22700 of 2025 attempted to cheat by impersonating as a lawyer and using the photograph of a Hon'ble High Court Justice as his WhatsApp profile picture, and threatened legal action. On 04.07.2024, the complainant visited the Asirwad Officer to inquire about Mrs. Padmavathi's loan status, the accused 2 Ms.Padmavathi, and accused A3, Ms.Sasi Rekha, insulted the complainant with abusive language and threats, saying she would not live to see the next day if the loan was not settled. They also threatened to kill her. Later, the accused A1, Senthilnathan @ Azhwar Senthil, made another WhatsApp call to Vignesh, the Asirwad Official, making degrading comments about the complainant's character including harassing and threatening both of them with death if the loan issue was not resolved.Based on the requisitions to Mobile Service Providers for CDR and CAF details pertaining to the mentioned mobile numbers 9384611463 and 9884211992, it was found that 9384611463 belongs to accused A1, Senthilnathan,S/o.Krishnamoorthy, 2/22, East Street, Pallak Colony, Marangiyur, Tamilnadu-607 203;9884211992 belong to Vi cki Bala Senthur Nath, residing at 728, 16th East Cross Street, Vyasarpadi, M.K.B.Nagar, Chennai-600 039, who is wife of the accused A1, and was used by accused A1, Senthilnathan;The accused A1, Senthilnathan @ Azhwar Senthil, was 3/8 https://www.mhc.tn.gov.in/judis Crl.OP.No.22700 of 2025 arrested at 07:10 hrs on 28.05.2025 at his residence. His mobile phones were examined, and his Google Search web activity revealed numerous searches for judges across India, confirming his modus operandi of using names and photographs of judges to threaten people. The accused A3, Ms.Sasi Resha, was similarly enquired under Section 35 of the BNSS, and her statement was recorded on 08.07.2025. The accused A2, Ms.Padmavathi, was enquired under Section 35 of the BNSS, and her statement was recorded on 09.07.2025.Since all the accused, namely A1 Senthilnathan @ Azhwar Senthil, A2 Padmavathi, and A3 Sasis Rekha, in furtherance of a common intention and conspiracy, issued threats to the complainant, including threats of death and dire consequences, in connection with a loan dispute pending against A2 Padmavathi, and also verbally abused the complainant, used degrading and insulting language, and attempted to coerce her into resolving the said financial issue. A1 Senthilnathan impersonated a lawyer and a judicial officer to deceive and intimidate the complainant, even using a fake WhatsApp profile to misrepresent his identity. Further, A1 contacted a third party, Mr.Vignesh of Asirwad, and made derogatory remarks about the complainant, character, thereby insulting her modesty and harassing her. Thus, these coordinated acts by the accused persons A1 to A3 appears to have committed offences punishable under Section 351(2), 351(3) and 4/8 https://www.mhc.tn.gov.in/judis Crl.OP.No.22700 of 2025 319(2) of BNS, Section 66D of IT Act,2000, and Sections 296(b), 79 and 61(2) r/w Section 3(5) of the BNS, 2023.e. Whether the accused had been arrested:On 28.05.2025, the accused A1 Senthilnathan @ Azhwar Senthil was arrested and remanded to judicial custody.The accused A2 was enquired u/s35 BNSS on 09.07.2025 and her statement was recorded.The accused A3 was enquired u/s35 BNSS on 08.07.2025 and her statement was recorded.f. Whether released on his bond and if so with or without sureties: No, the accused A1 Senthilnathan @ Azhwar Senthil was in judicial custody in Puzhal Prison, Accused 2 and 3 complied with the 35 BNSS enquiry.g. Whether he has been forwarded in custody u/s 190 BNSSYes.Hence, the Hon'ble Court may be pleased to take cognizance of the offences and punish the accused persons as per the relevant penal sections and thus render justice”. 3. The learned counsel appearing for the petitioner states that the respondent police has completed the investigation and file final report, the custodial interrogation of the petitioner is no more required and undertakes to cooperate with the trial.4. The learned Government Advocate (Crl. Side) appearing for the 5/8 https://www.mhc.tn.gov.in/judis Crl.OP.No.22700 of 2025 respondent states that the petitioner is capable of impersonating and threatening innocent persons and has every propensity to misuse his liberty and intimidate witnesses. He further submits that the petitioner, posing as a lawyer and using the photographs of sitting Judges, had been communicating with officials for the purpose of intimidation.5. Considering the fact that the petitioner's conduct reveals that he has propensity to tamper witness and evidence granting bail will be adverse to the process of trial. Hence, this Criminal Original Petition stands dismissed. 14.08.2025VvTo1.The XI Metropolitan Magistrate, Saidapet, Chennai. 2. The Inspector of Police, Delta 2, Cyber Crime Police Station, Central Crime Branch, Chennai.3 The Public Prosecutor, High Court of Madras.6/8 https://www.mhc.tn.gov.in/judis Crl.OP.No.22700 of 2025 Dr.G.JAYACHANDRAN, J.Vv Crl.O.P.No.22700 of 20257/8 https://www.mhc.tn.gov.in/judis Crl.OP.No.22700 of 2025 14.08.20258/8

Crl.OP.No.22700 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 14.08.2025CORAM THE HONOURABLE Dr.JUSTICE G.JAYACHANDRANCrl.O.P.No.22700 of 2025Senthilnathan @ Azhwar Senthil ... PetitionerVs.State rep by Inspector of Police,Delta 2, Cyber Crime Police Station,Central Crime Branch, Chennai... RespondentCr.No.23 of 2025PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in pending investigation in Delta 2, Cyber Crime Police Station in Cr.No.23 of 2025 on the file of the respondent police. For Petitioner:Mr.V.Parthiban For Respondent :Mr.L.Baskaran Government Advocate (Crl.Side)sO R D E RThe petitioner herein was arrested on 28.05.2025 on the complaint given by one Smt.Nandini Thiyagarajan. 2. The respondent police on completion of investigation has filed final 1/8 https://www.mhc.tn.gov.in/judis Crl.OP.No.22700 of 2025 report which reveals that : “..... During the course of investigation, it was revealed that the accused A2, Ms.Padmavathi, had approached the complainant, Tmt.Nandini Thiyagarajan, in the year 2019 seeking financial help for her daughter's marriage and obtained a Rs.30,000/- loan through Asirwad Micro Finance with the assistance of the complainant. She later repaid only part of the the loan and became untraceable. Despite repeated follow-ups, the remaining amount remained unpaid. Thereafter, A2 again sought help and was facilitated two further loans of Rs.30,000/- eachthrough SURYODAY and another self-help by the complainant. In 2021, A2 also sought a loan of Rs.1,00,000/-, and though only Rs.30,000/- was arranged via EQUITAS and repaid, A2 defaulted on the earlier loans, showing continued dishonest intention. The Accused, Senthilnathan @ Azhwar Senthil, who claimed to be A2's son-in-law, contacted the complainant on 21.06.2024 from mobile number 9384611463, claiming the Asirwad loan was fully paid off but still showed an outstanding balance and demanded the complainant to clear the loan. The accused A1 then repeatedly threatened the complainant on 02.07.2024 with dire consequences if she did not settle the loan, and on 03.07.2024 from another number 9884211992, had contacted the complainant and Asirwad Manager Vignesh, 2/8 https://www.mhc.tn.gov.in/judis Crl.OP.No.22700 of 2025 attempted to cheat by impersonating as a lawyer and using the photograph of a Hon'ble High Court Justice as his WhatsApp profile picture, and threatened legal action. On 04.07.2024, the complainant visited the Asirwad Officer to inquire about Mrs. Padmavathi's loan status, the accused 2 Ms.Padmavathi, and accused A3, Ms.Sasi Rekha, insulted the complainant with abusive language and threats, saying she would not live to see the next day if the loan was not settled. They also threatened to kill her. Later, the accused A1, Senthilnathan @ Azhwar Senthil, made another WhatsApp call to Vignesh, the Asirwad Official, making degrading comments about the complainant's character including harassing and threatening both of them with death if the loan issue was not resolved.Based on the requisitions to Mobile Service Providers for CDR and CAF details pertaining to the mentioned mobile numbers 9384611463 and 9884211992, it was found that 9384611463 belongs to accused A1, Senthilnathan,S/o.Krishnamoorthy, 2/22, East Street, Pallak Colony, Marangiyur, Tamilnadu-607 203;9884211992 belong to Vi cki Bala Senthur Nath, residing at 728, 16th East Cross Street, Vyasarpadi, M.K.B.Nagar, Chennai-600 039, who is wife of the accused A1, and was used by accused A1, Senthilnathan;The accused A1, Senthilnathan @ Azhwar Senthil, was 3/8 https://www.mhc.tn.gov.in/judis Crl.OP.No.22700 of 2025 arrested at 07:10 hrs on 28.05.2025 at his residence. His mobile phones were examined, and his Google Search web activity revealed numerous searches for judges across India, confirming his modus operandi of using names and photographs of judges to threaten people. The accused A3, Ms.Sasi Resha, was similarly enquired under Section 35 of the BNSS, and her statement was recorded on 08.07.2025. The accused A2, Ms.Padmavathi, was enquired under Section 35 of the BNSS, and her statement was recorded on 09.07.2025.Since all the accused, namely A1 Senthilnathan @ Azhwar Senthil, A2 Padmavathi, and A3 Sasis Rekha, in furtherance of a common intention and conspiracy, issued threats to the complainant, including threats of death and dire consequences, in connection with a loan dispute pending against A2 Padmavathi, and also verbally abused the complainant, used degrading and insulting language, and attempted to coerce her into resolving the said financial issue. A1 Senthilnathan impersonated a lawyer and a judicial officer to deceive and intimidate the complainant, even using a fake WhatsApp profile to misrepresent his identity. Further, A1 contacted a third party, Mr.Vignesh of Asirwad, and made derogatory remarks about the complainant, character, thereby insulting her modesty and harassing her. Thus, these coordinated acts by the accused persons A1 to A3 appears to have committed offences punishable under Section 351(2), 351(3) and 4/8 https://www.mhc.tn.gov.in/judis Crl.OP.No.22700 of 2025 319(2) of BNS, Section 66D of IT Act,2000, and Sections 296(b), 79 and 61(2) r/w Section 3(5) of the BNS, 2023.e. Whether the accused had been arrested:On 28.05.2025, the accused A1 Senthilnathan @ Azhwar Senthil was arrested and remanded to judicial custody.The accused A2 was enquired u/s35 BNSS on 09.07.2025 and her statement was recorded.The accused A3 was enquired u/s35 BNSS on 08.07.2025 and her statement was recorded.f. Whether released on his bond and if so with or without sureties: No, the accused A1 Senthilnathan @ Azhwar Senthil was in judicial custody in Puzhal Prison, Accused 2 and 3 complied with the 35 BNSS enquiry.g. Whether he has been forwarded in custody u/s 190 BNSSYes.Hence, the Hon'ble Court may be pleased to take cognizance of the offences and punish the accused persons as per the relevant penal sections and thus render justice”. 3. The learned counsel appearing for the petitioner states that the respondent police has completed the investigation and file final report, the custodial interrogation of the petitioner is no more required and undertakes to cooperate with the trial.4. The learned Government Advocate (Crl. Side) appearing for the 5/8 https://www.mhc.tn.gov.in/judis Crl.OP.No.22700 of 2025 respondent states that the petitioner is capable of impersonating and threatening innocent persons and has every propensity to misuse his liberty and intimidate witnesses. He further submits that the petitioner, posing as a lawyer and using the photographs of sitting Judges, had been communicating with officials for the purpose of intimidation.5. Considering the fact that the petitioner's conduct reveals that he has propensity to tamper witness and evidence granting bail will be adverse to the process of trial. Hence, this Criminal Original Petition stands dismissed. 14.08.2025VvTo1.The XI Metropolitan Magistrate, Saidapet, Chennai. 2. The Inspector of Police, Delta 2, Cyber Crime Police Station, Central Crime Branch, Chennai.3 The Public Prosecutor, High Court of Madras.6/8 https://www.mhc.tn.gov.in/judis Crl.OP.No.22700 of 2025 Dr.G.JAYACHANDRAN, J.Vv Crl.O.P.No.22700 of 20257/8 https://www.mhc.tn.gov.in/judis Crl.OP.No.22700 of 2025 14.08.20258/8

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