K.K.S.Adhiban v. The State Rep By
T.V.THAMILSELVI, J.
The petitioner, who was arrested and remanded to judicial custody on 03.07.2024 for the alleged offence under Sections 174 Cr.P.C. and later it was altered into Sec.306 of I.P.C. in Crime No.130 of 2024 on the file of the respondent police, seeks bail.
2. The case of prosecution is that the defacto complainant is working in Saudi Arabia and returned to his native on 28.06.2024 and he had three children. When his son wanted to buy a two wheeler, his friend introduced the petitioner, thereby he sold his two wheeler to the son of defacto complainant for a sum of Rs.65,000/- and a loan was arranged to the tune of Rs.52000/- from Amman Finance for 18 months and monthly due amount is Rs.5050/-. However, on 26.06.2024, when the petitioner said to have asked his son to sign in blank papers, there was a wordy quarrel arose between them. Subsequently, on 27.06.2024, the petitioner had asked his son to meet him regarding transfer of ownership and around 12.00 p.m., on the
same day, deceased informed to his mother that he consumed pesticides. Thereafter, he was admitted in hospital for treatment and later he died. Hence, the complaint was registered against the petitioner.
3. The learned counsel for the petitioner submitted that he has been falsely implicated in this case as if he is the reason for committing suicide of deceased Kishore. In fact, he borrowed a loan to purchase a bike and there was a due in payment of instalment, but it was subsequently settled and thereafter, he committed suicide. So, this petitioner is not the reason for committing suicide of son of defacto complainant and only with ill-motive, he was falsely implicated in his case. He would submit that he has not at all committed any offence as alleged by the respondent police and he is no way connected with the said concern. He would submit that there is no overtact attributed against him and there is no role of the petitioner in the alleged offence. He would further submit that the investigation is almost completed and that the petitioner has been suffering incarceration for more than 19 days from 03.07.2024. Hence, he prayed to grant bail to the petitioner.
4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that the deceased is aged about 20 years and from this petitioner, he borrowed loan of Rs.50,000/- to purchase a bike and subsequently, he paid few monthly instalments and later, he failed to pay some instalments, for that, he compelled to put signature in blank documents and also attacked him. Aggrieved that, he consumed poison and died. He would submit that the investigation is at initial stage and at this stage, if he is released on bail, he will tamper the witnesses and hamper the investigation. Hence, he vehemently opposed to grant bail to the petitioner.
5. On considering the facts and circumstances of the case and the submissions made by both counsel and also on considering the gravity of offence committed by the petitioner, the deceased borrowed a loan from him to purchase a bike and there was a due in payment of some instalments, however, he compelled him to put signature in blank documents, for which, there was a quarrel between them, as a result of which, he attacked the deceased, aggrieved over the same, he consumed poison and died and
investigation is at the initial stage and the fact that 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. 22.07.2024 rpp
T.V.THAMILSELVI, J.
rpp 22.07.2024