Kajanavas v. State Rep By

T.V.THAMILSELVI,J.

The petitioner, who apprehends arrest for the alleged offence under Sections 174 of Cr.P.C @ 306 of IPC in Crime No.261 of 2024, seeks anticipatory bail.

2. The case of the prosecution is that defacto complainant's husband used to borrow loan at low interest and lend the same to third parties at higher interest. It is alleged in the FIR that he had borrowed loan from one Senthil Kumar and given to the petitioner herein. It is further alleged in the FIR that said Senthil Kumar harassed the defacto complainant's husband to repay the loan for which, he had settled the principal amount but unable to repay the interest amount. Thereafter, due to persistent harassment, on 03.04.2024, the defacto complainant's husband committed suicide by hanging. Hence, the complaint.

3. The learned Counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and a false case has been foisted against him. He

also submitted that he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.side) for the respondent police would submit that due to persistent harassment to repay the loan, the defacto complainant's husband committed suicide by hanging . He would also submit that the case is under investigation and name of the petitioner was also mentioned in the suicide note with the allegation that due to his harassment, the deceased borrowed loan from his family members, in order to repay the same, he pledged his wife's jewels and later, unable to redeem it. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent and perused the materials available on record.

6. Considering the above facts and circumstances of the case, considering the gravity of the offence and on perusal of suicide note would indicates that the petitioner's name is also mentioned with the allegation that he is also one of the person abetting the deceased to commit suicide and also the fact that since the case is under investigation, this Court is not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, this Criminal Original Petition is dismissed. 24.04.2024 nr

T.V.THAMILSELVI, J.

nr 24.04.2024