Prabhu @ Prabhakaran v. State Rep By

Crl.O.P.No.10573 of 2024 T.V.THAMILSELVI,J.

The petitioners, who were arrested and remanded to judicial custody on 19.03.2024 in Crime No.36 of 2024 registered for the alleged offences punishable under Section 306 of IPC r/w Section 4 of TN Prohibition of Charging Exorbitant Interest Act, 2003, seek bail.

2. Learned counsel appearing for the petitioners submitted that this is the third application for bail filed by the petitioners before this Court. He further submitted that petitioners are innocent persons and they have not committed any offence and not abetted the victim to commit suicide. He further submitted that the petitioners are suffering incarceration from 19.03.2024 and they are ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioners.

3. He further submitted that the petitioners undertake that they will not abscond and also not tamper with the evidence or witnesses in any manner. Further, by relying on the paragraph 51 of the authority (2022) 10 SCC 51, the 1/5

learned counsel for the petitioner argued that if the Court is satisfied on a consideration of the relevant factors that the accused has his ties in the community and there is no substantial risk of non-appearance, the accused may, as far as possible, be released on his personal bond.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police raised objection for granting bail stating that it is the case were the victim/deceased had committed suicide, since the accused had abetted him to commit suicide. He further submitted that the suicidal notes were taken from the shirt pocket of the deceased, wherein, the allegation put forth against first petitioner is that he has collected exorbitant interest for the chit amount and against the 2nd petitioner is that he had cheated the victim/deceased after obtained Rs.8 lakhs. The allegation against the third and the fourth petitioner is that they have induced the deceased to involve in the chit transaction. He further submitted that there are six accused in this case and the petitioners herein are arrayed as A1 to A4 respectively. He also submitted that this is the third application for bail filed by the petitioners and the earlier bail applications were dismissed very recently on 03.04.2024 and 18.04.2024 respectively and there is no change in circumstances.

2/5

5. From the above submissions made by the learned counsel for the petitioner, this Court feels that at this stage, the authority relied by the petitioner is not applicable. Further, taking into consideration the facts and circumstances of this case and the submissions made by the learned Government Advocate (Criminal Side) that there is no change of circumstances and taking note of the fact that the petitioners' earlier bail applications were dismissed very recently, this Court is not inclined to grant bail to the petitioners.

6. Accordingly, the Criminal Original Petition stands dismissed. 29.04.2024 ham 3/5

T.V.THAMILSELVI,J.

ham Crl.O.P.No.10573 of 2024 4/5

29.04.2024 5/5