IMPORTANT POINT
Bail is the rule and jail is the exception; conditions for bail must ensure cooperation with investigation and respect personal liberty.

ORDER :

This Bail Application is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita ( BNSS ), 2023.

2. The petitioner is an accused in Crime No.138/2025 of Varapuzha Police Station, Ernakulam. The above case was originally registered under Section 194 of BNSS . Subsequently, Section 108 of BNS is added.

3. The prosecution case is that, on 13.02.2025 at 03.00 PM, the defacto complainant’s brother committed suicide by hanging in his residence. It is alleged that the petitioner instigated the victim to commit suicide. Hence, it is alleged that the accused committed the offence.

4. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor.

5. The counsel for the petitioner submitted that the petitioner is running a chicken stall and the defacto complainant was an agent of the Kerala Lottery Tickets. The petitioner and the deceased were known to each other for the last several years. The petitioner being a friend of the deceased had given him hand loan of Rs.40 lakhs on different occasions. The petitioner’s wife auctioned two chitties for Rs.10 lakhs each on 27.04.2024 and 09.08.2024. Annexures-2 and 3 are the auction confirmation letter. The amount received by Annexures-2 and 3 were given to the deceased by the petitioner when he told him about the financial stringencies. When the petitioner demanded to return the money as he had to make payments towards KSFE and for his other personal needs, the deceased had issued a cheque in the name of the petitioner for an amount of Rs.30 lakhs. Annexure-4 is the cheque. The deceased person informed the petitioner that the cheque can be presented in the first week of February, 2025. Thereafter, when the petitioner informed the deceased about the presenting of the cheque, he requested the petitioner to present it after two days. It delayed. When the deceased repeatedly insisted the petitioner not to present the cheque, there was some wordy quarrel between the petitioner and the deceased. Thereafter the deceased committed suicide. The counsel submitted that, it is an admitted fact that there is some amount due to the petitioner from the deceased. The petitioner only demanded the amount due to him. In such situation, if a person commit suicide, no offence under Section 306 IPC is attracted.

6. The Public Prosecutor opposed the bail application. Public Prosecutor submitted that the petitioner is not co-operating with the investigation even though he surrendered before the Investigating Officer as ordered by this Court.

7. This Court considered the contentions of the petitioner and the Public Prosecutor. When this bail application came up for consideration on 05.03.2025, this Court passed the following order:

“The petitioner shall surrender before the Investigating Officer in Crime No.138/2025 of Varapuzha Police Station, Ernakulam on 07.03.2025. The Investigating Officer can interrogate the petitioner. The petitioner shall not be arrested. The Investigating Officer submit before this Court whether further custody is necessary. Post on 12.03.2025.”

8. The Investigating Officer submitted a report, in which it is stated that the petitioner is not co-operating with the investigation. But, the facts remains that there is some monetary transaction between the petitioner and the deceased. It is also a fact that the petitioner demanded the amount due to him from the deceased. For that reason if a person commit suicide, whether the ingredients of Section 306 IPC is attracted is a matter to be investigated by the Investigating Officer. I don’t want to make any observation about the same. But, considering the facts and circumstances of the case, I think, the petitioner can be released on bail after imposing stringent conditions. There can be a direction to the petitioner to appear before the Investigating Officer for two days consecutively at 10.00 AM to 03.00 PM, after his surrender. Thereafter, if arrest is recorded, there can be a direction to release the petitioner on ba