Balakrishnan v. The State Rep By

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 06.03.2024 for the alleged offence under Section 174 Cr.P.C. @ Sec. 306 of I.P.C. and Sec.3 and 4 of T.N. Prohibition of Charging Exorbitant Interest Act, 2003 in Crime No.66 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused said to have lent money to deceased Balashanmugam for his business purposes and when they demanded for return of money lent, there was a interaction between them, due to which the deceased Balashanmugam along with his wife committed suicide by eating rat paste leaving a suicide note by naming all the accused persons. Accordingly, based on the suicidal note, the complaint was registered against the petitioner.

3. The learned counsel for the petitioner submitted that he is no way connected with the alleged suicide committed by the deceased persons and when he asked deceased to return the money lent to him, the dispute arose and apart from that, there was no transaction between them. He would

submit that there is no specific overtact against this petitioner and he is an innocent person and he has not at all committed any offence as alleged by the respondent police. He would submit that there is no role of the petitioner in the alleged offence and he has been falsely implicated as accused in this case and co-accused were released on bail. He would further submit that the investigation is almost completed and that the petitioner has been suffering incarceration from 06.03.2024 for more than 53 days. Hence, he prayed to grant bail to the petitioners.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that the petitioner has charged exorbitant rate of interest, which is the reason for the suicide committed by the deceased. Furthermore, the deceased had written a suicidal notes, wherein the petitioner's name was mentioned and he is the reason for their suicide. He would submit that totally, there are 3 accused involved in this case, in which, the petitioner is arrayed as A1. He would also submit that if he is released on bail, he may abscond and he would tamper the witnesses and hamper the investigation and the investigation is not yet completed. Hence, he vehemently opposed to grant bail to the petitioner.

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 the petitioner's name was mentioned and also stated that he has levied exorbitant rate of interest for the amount lent by deceased, which is the reason for the suicide of deceased, so, it needs detailed investigation and furthermore, both the husband and wife have committed suicide by consuming poison due to the harassment made by the petitioner along with other accused levying exorbitant rate of interest and the fact that the investigation is at preliminary stage and if he is released on bail, he may abscond and there is possibility of tampering the witnesses and hampering the investigation, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. 26.04.2024 rpp T.V.THAMILSELVI, J.

rpp 26.04.2024