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IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS
Ismail Iyyathum Kadan, S/o Alavi Iyyathumkadan – Appellant
Versus
State Of Kerala – Respondent
ORDER :
BECHU KURIAN THOMAS, J.
This bail application is filed under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’).
2. Petitioners are accused Nos.1 and 2 in Crime No.155 of 2025 of Thenhipalam Police Station, Malappuram, registered for the offence punishable under section 108 of the Bharatiya Nyaya Sanhita, 2023 (for short ‘ BNS ’).
3. According to the prosecution, on 10.02.2025, Sri.Sunil Kumar, consumed poison and committed suicide and the accused abetted its commission and thereby committed the offence alleged.
4. Sri. Sasith M R, the learned counsel for the petitioners submitted that the entire prosecution allegations are false, and the petitioners have no involvement in the alleged suicide of the deceased Sri.Sunilkumar. Learned counsel submitted that petitioners have neither instigated nor aided, through any act or omission, the commission of suicide and therefore, petitioners cannot be roped in as accused to the crime. It was further submitted that the prosecution allegations also do not indicate any specific reason which could be attributed as an abetment for the commission of suicide on the part of the petitioners and, therefore, custodial in
Abetment of suicide requires clear intent and mental state; mere allegations or references in a suicide note are insufficient without concrete evidence of instigation.
For abetment of suicide, intention of the accused to provoke suicide must be established; mere harassment does not suffice.
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.
To establish abetment of suicide, instigation, conspiracy, or aid must be proven, which was not established in this case.
Mens rea and direct instigation are essential elements for establishing abetment of suicide under Section 108; mere allegations of harassment are insufficient.
The elements of abetment of suicide require direct provocation or instigation, not merely emotional expressions from a suicide note.
The main legal point established in the judgment is the discretionary nature of pre-arrest bail, the importance of custodial interrogation for effective investigation, and the need to take the deceas....
Bail in anticipation of arrest is granted when custodial interrogation is not warranted, emphasizing the importance of evidence in abetment of suicide cases.
Assaulting a lawyer for performing legal duties necessitates custodial interrogation, underscoring the need to protect the rule of law.
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