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IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
Santhoshkumar K.R., S/o.Ramakrishnan (Late) – Appellant
Versus
State Of Kerala – Respondent
| Table of Content |
|---|
| 1. essential elements of the alleged crime involving abetment and its evidential requirements. (Para 2 , 3 , 12) |
| 2. arguments presented regarding the necessity of custodial interrogation and claims of involvement. (Para 4 , 5 , 6) |
| 3. legal requirements for establishing abetment of suicide, particularly intentions. (Para 8 , 9 , 11) |
| 4. the court's decision to grant bail and conditions attached. (Para 14) |
ORDER :
BECHU KURIAN THOMAS, J.
This bail application is filed under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’).
2. Petitioner is the third accused in Crime No.312 of 2025 of Upputhara Police Station, Idukki, registered for the offences punishable under Sections 103 (1) and 108 r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. According to the prosecution, on 10.04.2025, the de facto complainant’s nephew caused the death of his two children and committed suicide along with his wife and the accused are alleged to have instigated the deceased to commit suicide and thereby committed the offences alleged.
4. I have heard Sri.C.C.Thomas, the learned Senior Counsel, instructed by Sri. Athul Poulose, learned Counsel for the petitioner as
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.
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.
A person can only be charged with abetment of suicide if it is proved that their actions intended to cause the victim to commit suicide, not merely for harassment.
To establish abetment of suicide, instigation, conspiracy, or aid must be proven, which was not established in this case.
The elements of abetment of suicide require direct provocation or instigation, not merely emotional expressions from a suicide note.
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