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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
SURESH.K.A S/o. ANANDHAN – Appellant
Versus
STATE OF KERALA – Respondent
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
Bail is the rule and jail is the exception; conditions for bail must ensure cooperation with investigation and respect personal liberty.
The court emphasized that a lack of specific overt act against the accused and the completion of the investigation warranted his release on bail despite serious charges.
Bail is the rule and jail is the exception; personal liberty must be prioritized unless justified by serious circumstances.
Bail is the rule and jail is the exception; custodial interrogation was not necessary, allowing bail under stringent conditions.
Abetment of suicide under Section 306 IPC requires proof of direct or indirect acts of incitement to suicide, and mere harassment without any positive action proximate to the time of occurrence is in....
Bail is the rule and jail is the exception; arrest must be justified and not routine, ensuring personal liberty is respected.
The absence of evidence linking the accused to the suicide negates the requirement for continued detention.
Bail is the rule and jail is the exception; arrest must be justified and not routine.
The absence of mens rea or intention to instigate suicide under Section 306 IPC justifies the grant of bail.
The main legal point established is that for the offence of abetment of suicide under section 306 IPC, specific overt acts attributing to the accused are necessary, and the question of whether the ac....
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