Basha v. The State Rep By, The Inspector Of Police

Crl.O.P.Nos.364, 425 & 581 of 2025 A.D.JAGADISH CHANDIRA, J.

Petitions seeking bail in respect of Crime No.678 of 2024 registered for the offences punishable under Section 108 of BNS, is on board for consideration.

2. The incarceration of the petitioners being from 29.12.2024 pleading innocence on the part of the petitioners and false implication in the case, learned counsel for the petitioners seeks indulgence of this Court. He also submits that the husband of the de facto complainant/deceased had received money from the petitioners in the guise of arranging government jobs and cheated them, due to which, the petitioners had only asked him to return their money. He also submits that other than demanding their money, the petitioners have not committed any offence as alleged by the prosecution and they have not abetted the victim to commit suicide. He further submits that the petitioners are ready to abide by any stringent condition that may be imposed by this court.

3. The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that since the husband of the de facto complainant/deceased had cheated the petitioners to the tune of several lakhs, the petitioners along with other accused had kidnapped the victim/deceased, demanded money to the de facto complainant and assaulted him indiscriminately causing blood injuries and left him. Thereafter, on 28.12.2024, the accused came to the house of the deceased, by threatening him with dire consequences, demanded a sum of Rs.33 lakhs and abused him, therefore, the victim, unable to bear the humiliation caused by the accused, had committed suicide by hanging.

https://www.mhc.tn.gov.in/judis

A.D.JAGADISH CHANDIRA, J.

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4. He further submits that the investigation is at preliminary stage and the petitioners were arrested recently, therefore, if the petitioners are released on bail at this stage, there is every possibility of them absconding and not available for further investigation.

5. Having heard the learned counsel for the petitioners, the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record and taking note of the fact that the petitioners were arrested very recently and also considering that the investigation is at very nascent stage, this court is not inclined to grant bail to the petitioners.

6. Accordingly, the Criminal Original Petitions stand dismissed for the present. 09.01.2025 ham Crl.O.P.Nos.364, 425 & 581 of 2025 https://www.mhc.tn.gov.in/judis