Sasi @ Sasikala v. The State Rep.By

P. DHANABAL,J.

The petitioner who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 194 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 altered into Section 108 of Bharatiya Nyaya Sanhita (BNS), 2023, in Crime No.325 of 2024, on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that the mother of the defacto complainant had borrowed a sum of Rs.1,50,000/- from the petitioner herein as a loan agreeing to pay interest of Rs.15,000/- per week. Upon failure to pay the interest, the petitioner has verbally abused and has given threats with dire consequences due to which, the mother of the defacto complainant committed suicide leaving a suicide note explicitly mentioning the petitioner's name and detailing the harassment and mental anguish caused by the petitioner's action. Hence, this case.

3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any such offence as alleged by the prosecution and she has been falsely implicated in this case. Hence, he prayed to grant anticipatory bail to the petitioner. 1/3

4. Learned Government Advocate (Criminal side) appearing for the respondent police vehemently opposed for the grant of anticipatory bail to the petitioner stating that, the deceased had borrowed a sum of Rs.1,50,000/- from the petitioner herein agreeing to pay interest of Rs.15,000/- per week and subsequently, the deceased has failed to repay the interest. Hence, this petitioner has gone to the houe of the deceased and created ruckus due to which, the deceased has committed suicide. The suicide note of the deceased clearly shows that the petitioner is responsible for the suicide of the deceased. He further submitted that the medical report is awaited.

6. Taking into consideration the submissions of either side, the gravity of offence and the fact that the investigation has not been completed, this Court is not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, this Criminal Original Petition is dismissed. 28.08.2024 ksa-2 2/3

P. DHANABAL, J.

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