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G. ILANGOVAN
Bakiyaraj – Appellant
Versus
State Rep. By The Inspector of Police, Trichy – Respondent
JUDGMENT
(Prayer:- For Bail in Crime No. 217 of 2023 on the file of the Respondent Police.)
1. The Court made the following order:-
The petitioner, who was arrested and remanded to judicial custody, on 24/08/2023 for the offences punishable under section 306 IPC, in Crime No.217 of 2023 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the de-facto complainant lodged a complaint stating that his son Rajini is working as a Manager in Sivalinga Chit Funds Company. In the above said Chit Company, several persons belongs to his village were admitted. One Arumugam was a subscriber to the above said chit. After receiving the price amount, he absconded. So, the villagers made enquiry with his son over repayment of the chit amount. One Bakiyaraj went to his mother-in-law''s house and picked up quarrel. So, the mother-in-law scolded his son. Over the above said humiliation and insult, he consumed poison, admitted in the hospital, but without responding to the treatment, he died, on 22/08/2023. On the basis of the complaint given by the de-facto complainant, a case was registered in Crime No.217 of 2023 under section 174 Cr.P.C.
3. During
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....
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....
To constitute an offence under Section 306 IPC, the prosecution must establish that a person committed suicide and that such suicide was abetted by the accused, requiring a positive act of abetment o....
The court's decision to grant bail was based on the prima facie absence of the ingredients of Section 306 IPC in the petitioner's case and the completion of the investigation.
The decision to grant regular bail was based on the lack of criminal antecedents, the examination of material witnesses, and the likelihood of a lengthy trial for the case to conclude.
The lack of incriminating evidence, non-supportive testimony from the deceased's father, and the principle of parity with the co-accused can be grounds for granting bail.
There is no answer as to why suicides occur because it is impossible to ever fully comprehend or analyze what goes on inside a person’s mind. Suicidal ideation and behaviors in human beings are compl....
The main legal point established in the judgment is the requirement of a positive act on the part of the accused to instigate or aid in committing suicide, along with the necessity of mens rea and an....
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