Demand For Money Already Advanced As Loan Is Not Instigation Or Abetment Of Suicide: Madras High Court
|The Madras High Court was considering a criminal appeal against an order refusing to grant bail to the appellant in a suicide abetment case.
While granting bail to a man booked in a suicide abetment case, the Madras High Court has held that the demand for money, which was already advanced as a loan, does not amount to either instigation or intentional aid for abetment of suicide.
The High Court was considering a criminal appeal filed under Section 14(A)(1) of the SC/ST (PoA) Amendment Act, 2015, to set aside the order passed by the Additional District and Sessions Judge (PCR), Thanjavur, and enlarge the appellant on bail.
The Single Bench of Justice S. Karthikeyan held, “The demand for money, which was already advanced as a loan, does not amount to either instigation or intentional aid for the purpose of abetment of suicide. There is no positive material produced before the Court to show that the appellant intended the death of the deceased and instigated him. Anyhow, now the investigation is over and the Final Report has also been filed before the Trial Court. Therefore, this Court is inclined to set aside the order passed by the learned Additional District and Sessions Judge (PCR), Thanjavur, in Crl.M.P.No.430 of 2026 dated 15.07.2026 and grant bail to the petitioner.”
Advocate K. Arunraj represented the Appellant while Government Advocate G. Ganeshkumar represented the Respondent.
Factual Background
It was alleged that the appellant and the deceased were partners in a business. The deceased had borrowed Rs 4 lakh from the appellant, which he had not repaid. As per the case of the prosecution, the appellant and two other persons went to the house of the deceased on May 15, 2026 and intimidated him by saying that if the money was not paid within a week, they would murder him. On May 17, 2026, the deceased consumed poison and died on the same day. Based on the complaint given by the wife of the deceased, the complaint was originally registered under Section 194 of the BNSS and thereafter altered to Section 108, 351(2) of BNS and Section 4 of TNPCEI (Tamil Nadu Prohibition of Charging Exorbitant Interest Act) Act read with Section 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (PoA) Act.
Arguments
It was the case of the appellant that, to avoid the payment of the loan, a false case was foisted against him. It was further claimed that the investigation was completed and he has been in incarceration since May 19, 2026.
Reasoning
The Bench took note of the case of the prosecution that the appellant had lent some money to the deceased and demanded the said money within a week and intimidated him. The Bench found no positive material to show that the appellant intended the death of the deceased and instigated him.
Clarifying that such a demand for money, which was already advanced as a loan, did not amount to instigation or intentional aid, the Bench allowed the criminal appeal and granted bail to the appellant by imposing certain conditions.
Cause Title: Sathiyaraj v. The State of Tamil Nadu (Case No.: Crl.A(MD) No.906 of 2026)