Prabu @ Prabakaran v. State Rep By
T.V.THAMILSELVI, J.
The petitioners, who were arrested and remanded to judicial custody on 19.03.2024 for the alleged offence under Section 306 of I.P.C. r/w Sec. 4 of T.N. Prohibition of Charging Exorbitant Interest Act, 2003, in Crime No.36 of 2024 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the defacto complainant is native of Chennai and running resorts in the name and style of P.A.Resorts, one at Yelagiri and another one at Kollimalai, in which the deceased Venkatesan was working as a Manager in the Yelagiri resort and two room boys were working under him. While being so, on 17.03.2024 around 09.30 p.m., after taking dinner, he went to bed and on the next day i.e. on 18.03.2024 around 08.00 a.m. he did not woke up and when room boys tried to wake him, he found unconscious without breathing. However, he wrote suicide notes and kept in his pocket. Accordingly, based on the suicidal note, the complaint was registered against the petitioners.
3. The learned counsel for the petitioners submitted that 1st petitioner is running a chit, in which he joined and after participation of chit transaction, he has taken the chit, but failed to pay subscription. When he asked him to pay the same, the dispute arose and apart from that, there was no transaction between them. He would submit that there is no specific overtact against these petitioners and they are innocent persons and they have not at all committed any offence as alleged by the respondent police. He would submit that there is no role of the petitioners in the alleged offence and they have been falsely implicated as accused in this case. He would further submit that the investigation is almost completed and that the petitioners have been suffering incarceration from 19.03.2024 for more than 15 days. Hence, he prayed to grant bail to the petitioners.
4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that the deceased had written a suicidal notes, wherein he stated that through him, the petitioners have transacted amounts and they have also failed to repay the chit amount paid by him, however, if
they pay amount, they would charge exorbitant interest and 2nd petitioner has not repaid the amount of more than a sum of Rs.8 lakhs paid by him, due to which, he committed suicide and died. He would submit that totally, there are 6 accused involved in this case and the petitioners are arrayed as A1 to A4. He would also submit that if they are released on bail, they may abscond and they would tamper the witnesses and hamper the investigation and the investigation is completed and the charge sheet is yet to be filed. He further submitted that this is the second bail application and the earlier bail application filed by the petitioner in Crl.O.P.No.8269 of 2024 was dismissed by this Court vide order dated 03.04.2024. Hence, he vehemently opposed to grant bail to the petitioners.
5. Considering the facts and circumstances of the case and the submissions made by both counsel and on perusal of suicidal notes wrote by the deceased, it reveals that through him, the petitioners have transacted amounts to third parties and in a chit run by the 1st petitioner, he is one of subscriber, but after completion of chit period, he failed to pay chit amount to him as well as many persons, however they have also charged exorbitant
interest for the amount received by him and 2nd petitioner has not repaid the amount of more than a sum of Rs.8 lakhs paid by him, due to which, he committed suicide and died and also the fact that now investigation is completed and the charge sheet is yet to be filed and if they are released on bail, they may abscond and there is possibility of tampering the witnesses and hampering the investigation, this Court is not inclined to grant bail to the petitioners.
6. It is also seen that this is the second bail application and the earlier bail application filed by the petitioner in Crl.O.P.No.8269 of 2024 was dismissed by this Court vide order dated 03.04.2024 and there is no change in circumstances, this Criminal Original Petition is dismissed. 18.04.2024 smn
T.V.THAMILSELVI, J.
smn 18.04.2024