Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MR.JUSTICE C.S.DIAS
Akash S.D – Petitioner
Versus
State Of Kerala, Represented By Public Prosecutor And Ors. – Respondents
B.A Nos. 2306, 2754, 3012, 3023, 3302, 3535, 3506, 3568, 3607, 3667, 3705, 4028 and 4082 of 2024
Decided On : 31-05-2024
BAIL - CRIMINAL PROCEDURE - Sections 439, 306, 120B, 341, 323, 324, 342, 355, 506 of IPC; Section 4 r/w Section 3 of the Kerala Prohibition of Ragging Act, 1998 - The court analyzed the provisions of Sections 306 and 120B of the IPC, emphasizing that abetment of suicide requires a clear intention to instigate or aid the act. The court found insufficient evidence to establish that the accused had the requisite mens rea to abet the suicide of the deceased. The interpretation of statutory bail under Section 167(2) of the CrPC was also discussed, concluding that the final report was adequate for the court to proceed without granting statutory bail. The decision to grant bail was influenced by the lack of criminal antecedents of the accused, the nature of the allegations, and the completion of the investigation.
Fact of the Case:
The accused, students of the College of Veterinary and Animal Sciences, were charged with multiple offenses, including abetment of suicide, following the death of a classmate, Sidharthan J.S., who was found hanging after allegedly being subjected to ragging and physical assault by his peers due to his inappropriate behavior towards a female classmate.
Finding of the Court:
The court found that the prosecution failed to establish the necessary elements of abetment under Section 306 IPC, as there was no clear evidence that the accused intended to instigate the deceased to commit suicide. The court also noted the absence of significant injuries on the deceased's body that would correlate with the alleged assault, leading to doubts about the prosecution's claims.
Issues: 1. Whether the petitioners are entitled to statutory bail under Section 167(2) of the CrPC? 2. Whether the petitioners should be granted bail considering the nature of the allegations and the evidence presented.
Ratio Decidendi: The court reiterated that for a conviction under Section 306 IPC, there must be clear evidence of instigation or aid leading to the suicide. The court also emphasized that the right to bail cannot be denied based solely on the potential for witness tampering without substantial evidence to support such claims.
Final Decision: The applications for bail were allowed, with the petitioners directed to be released on bail subject to specific conditions, including not entering Wayanad District and surrendering their passports.
ORDER :
THE HONOURABLE MR.JUSTICE C.S.DIAS
The accused 1 to 19 in Crime o.RC-0502024-S0002/SC-II/CBI, New Delhi, (initially numbered as Crime No.77/2024 of the Vythiri Police Station, Wayanad), have filed these applications under Sections 439 of the Code of Criminal Procedure (CrPC) to enlarge them on bail. The above crime has been registered against the petitioners for allegedly committing the offences punishable under Sections 120B, 341, 323, 324, 342, 355, 306 and 506 of the Indian Penal Code ('IPC', in short) and Section 4 r/w Section 3 of the Kerala Prohibition of Ragging Act, 1998 ('Act' for brevity). The accused Nos.13, 14, 15, 16, 17 and 18 were arrested on 28.2.2024, accused No.1 was arrested on 29.2.2024, accused Nos.3, 4, 6 and 7 were arrested on 1.3.2024, accused Nos.2, 8, 9, 10, 11 and 12 were arrested on 2.3.2024, accused No.5 was arrested on 3.3.2024 and accused No.19 was arrested on 9.3.2024. As the applications arise out of the same crime, they were consolidated, jointly heard and are being disposed of by this common order.
2. The gravamen of the prosecution case, as per the final report filed by the CBI before the Chief Judicial Magistrate Court, Ernakulam, is as follows:
(b) The case was transferred from the Sub Divisional Magistrate to the Judicial First-Class Magistrate Court, Kalpetta, Wayanad. In the investigation conducted by the Police, it was revealed that eight other persons were also involved in the crime. Consequently, twenty persons were arrested, and Sections 120B, 355 and 506 of the IPC were also incorporated.
(c) Pursuant to G.O (MS) No.70/2024/Home dated 9.3.2024 issued by the Government of Kerala and subsequent notification FNo.228/21/2024/AVD-II dated 5/4/2024 of the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training),Government of India, the investigation in the crime was transferred to the CBI. The case was re-registered as RC No.0502024S0002 under Sections120-B, 341, 323,324, 342, 355, 306 and 506 r/w Section 34 of IPC and under Section 4 r/w Section 3 of the Act.
(d) The investigation has revealed that the deceased had cleared the NEET(UG) examination and secured admission to COVAS. Since the rooms in the Men's Hostel were vacant, the deceased started residing in the Men's Hotel before entering the second year. He was allotted room No.2 in the dormitory.
(e) On 12.2.2024, the deceased and his classmates carried out decorations in the auditorium to celebrate Valentine's Day on 14.2.2024. After the decoration work, when the students were preparing to leave, the deceased told 'X' that he wanted to have a private convers
The judgment emphasizes the need for clear evidence of instigation or active facilitation to establish guilt in cases of abetment of suicide under Section 306 IPC.
The main legal point established in the judgment is the requirement of a positive act on the part of the accused to instigate or aid in committing suicide, along with the necessity of mens rea and an....
Abetment of suicide – Positive act of instigation is a crucial element of abetment – Element of mens rea cannot simply be presumed or inferred, instead it must be evident and explicitly discernible –....
The court held that mere allegations of harassment do not establish abetment of suicide under Section 306 IPC without direct evidence of instigation or encouragement.
The need for a clear mens rea and an active act to establish abetment under Section 306 IPC, and the consideration of trial delay due to the pandemic as a factor in granting bail.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
