CHINNADURAI Vs. STATE

JUDGEMENT

(1.) The petitioners, who were arrested and remanded to judicial custody on 11/10/2022 for the alleged offences punishable under Ss. 306 of IPC, in Crime No.238 of 2022 on the file of the respondent Police, seek bail.

(2.) The case of the prosecution as per the de-facto complainant/Ramar is that his younger brother Lakshmanan has borrowed an amount from A1/first petitioner herein and A2/Second petitioner herein has stood as guarantor for the same. His further averment is that his brother has not repaid the money, thereby, the accused harassed and threatened him, due to which, his brother has committed suicide by hanging. Hence the case.

(3.) The learned counsel appearing for the petitioners would submit that the petitioners are innocent and a false complaint has been given against them. He would further submit that it is true that the victim/deceased had borrowed money from the first petitioner and also from several other persons and since, he was unable to repay the loan, he has committed suicide by hanging. He would also submit that the petitioners had only demanded the money and they would not have want the victim to commit suicide. He would also submit that even taking into consideration the allegations made against the petitioners, other than the petitioners have demanded for return of money, there is no specific allegation against them, as if they have abetted the victim to commit suicide. He would also state that the major part of the investigation is over and the petitioners are in custody for a month and hence, he prays for grant of bail to the petitioners.