Madras High CourtCRL OP/147/2022dismissed

Shankar v. The State Rep By

2022-01-06Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Sixth day of January Two Thousand Twenty Two PRESENT THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.147 of 2022 1 SHANKAR [ PETITIONERS/ACCUSED ] 2 E.SATHISH KUMAR Vs THE STATE REP BY:

[ RESPONDENT ] THE INSPECTOR OF POLICE, PUDUPALAYAM POLICE STATION, TIRUVANNAMALAI DISTRICT.

CRIME NO.380/2021 For Petitioner : M/S.S.RAJA RAVI VARMA, Advocate For Respondent : MR.N.S.SUGANTHAN, Government Advocate, (Crl.Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners who were arrested and remanded to judicial custody on 07.11.2021 for the offences under Sections 294(b), 341 and 306 IPC read with Section 4 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act 2003 in Crime No.380 of 2021, on the file of the respondent police, seek bail.

2. The case of the prosecution is that the defacto complainant is the brother of the deceased. The petitioners abused and threatened the deceased to return the amount of Rs.20,000/- borrowed from the 1st petitioner and due to the harassment, the deceased consumed poison and died. Hence, the complaint.

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3.The learned counsel for the petitioners would submit that the petitioners are no way connected with the suicide committed by the deceased and that they have been falsely implicated in this case. He would further submit that the petitioners have been suffering incarceration for 60 days from 07.11.2021 and hence, he would pray for grant of bail to the petitioners.

4.The learned Government Advocate (Crl. Side) would raise strong objection stating that due to the harassment made by the petitioners for return of money of Rs.20,000/- borrowed from the 1st petitioner, the deceased consumed poison and died.

5. On seeing the gravity of offence and that the investigation has not been completed, this Court is not inclined to grant bail to the petitioners. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 06/01/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE, VELLORE DISTRICT.

2 THE INSPECTOR OF POLICE, PUDUPALAYAM POLICE STATION, TIRUVANNAMALAI DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.S.RAJA RAVI VARMA Advocate on payment of necessary charges SR.NO.413 CRL OP.147/2022 Date :06/01/2022 RW 11/01/2022 https://hcservices.ecourts.gov.in/hcservices/