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IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
Sukanth Suresh P., S/o. Suresh P. – Appellant
Versus
State Of Kerala – Respondent
ORDER :
BECHU KURIAN THOMAS, J.
Petitioner apprehends arrest in connection with the suicide of a young lady. Petitioner is alleged to have inter-alia, abetted the said act. Apprehending arrest, petitioner seeks anticipatory bail under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'the BNSS').
2. On 24.03.2025, upon receiving information that the dead body of a lady of around 24 years in age was found near the railway tracks at Chakka Railway Bridge, Crime No.396/2025 of Pettah Police Station, Thiruvananthapuram was registered under section 194 of the BNSS. Subsequently, after identifying the deceased as Ms. Megha, and on recording the statement of her father apart from conducting initial investigation, the offence was altered to sections 108, 318(4), 316(3) and section 69 of the Bharatiya Nyaya Sanhita, 2023 (for short 'the BNS'). Petitioner is thus arrayed as the first accused while his uncle was subsequently added as the second accused.
3. Petitioner is an officer of the Intelligence Bureau and pleads that though he was in a relationship with the deceased, and both of them were intending to get married, since her parents were against the marriage she was unde
The court ruled that the definition of 'instigation' in abetment of suicide requires evidence of urging the deceased to commit suicide, emphasizing the accused's intent over the deceased's feelings.
For abetment of suicide, intention of the accused to provoke suicide must be established; mere harassment does not suffice.
Abetment of suicide requires clear intent and mental state; mere allegations or references in a suicide note are insufficient without concrete evidence of instigation.
Anticipatory bail was denied due to serious allegations of harassment leading to suicide, necessitating custodial interrogation for investigation.
Anticipatory bail is granted when there is insufficient prima facie evidence for abetment of suicide, emphasizing the presumption of innocence and the need for direct incitement.
The necessity of mens rea for instigation and the requirement of concrete evidence for establishing the offence of abetment of suicide under Section 306 of the IPC.
Mens rea and direct instigation are essential elements for establishing abetment of suicide under Section 108; mere allegations of harassment are insufficient.
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