R. SARAVANAN Vs. POLICE INSPECTOR

JUDGEMENT

(1.) This is the petition filed by the petitioners-accused 1 and 2 under Section 439 of the Criminal Procedure Code, 1973 seeking their release on bail of the alleged offences punishable under Sections 306 and 347 of Indian Penal Code, 1860 registered in respondent-Police Station Crime No. 280 of 2014. Heard the arguments of the learned Counsel appearing for the petitioners-accused and also the learned High Court Government Pleader for the respondent-State.

(2.) Counsel for the petitioners during the course of arguments submitted that the deceased was due to pay a sum of Rs. 5.00 lakhs to the petitioners and in that connection the deceased issued two cheques for the payment of the said amount and when the petitioners presented those two cheques the said cheques were dishonoured. In that connection, the petitioners approached the Police Station and requested to register the case against the deceased. Since the petitioners have been advised by the Police that they have to approach the Competent Court for the same and they cannot register the case in that regard.

(3.) Learned Counsel made a submission that the petitioners took the deceased along with them only for the purpose of insisting him to pay the due amount of Rs. 5.00 lakhs and on the next day it was noticed that the deceased committed suicide by hanging. Learned Counsel made a submission that the present petitioners have not at all abetted the commission of the alleged offence except the fact that they took the deceased along with them in connection with the payment of the due amount. He also made the submission, even looking to the post-mortem report, there are no external injuries on the body of the deceased except the ligature mark on the neck. Hence, he submitted that now investigation of the case has been completed and charge-sheet has been filed. The alleged offence is also not exclusively punishable with death or imprisonment for life. By imposing any conditions, the petitioners may be enlarged on bail.