The court established that anticipatory bail can be granted when there is insufficient evidence to support the allegations against the accused, particularly in abetment of suicide cases.

O R D E R

The application is filed under Section 438 of the Code of Criminal Procedure, 1973 , for an order of pre-arrest bail.

2. The petitioners are the accused 2 and 3 in Crime No.474/2024 of the Eravipuram Police Station, Kollam, which is registered against them for allegedly committing the offences punishable under Section 498A and 306 of the Indian Penal Code, 1860 (in short, ‘ IPC ’).

3. The crux of the prosecution case is that: the first accused was married to Vishnupriya (deceased) on 24.5.2018. They have a daughter born in their wedlock. Right from the initial days of their marriage, while the deceased was residing in the matrimonial home, the accused used to mentally and physically harass her demanding more dowry. The accused had misappropriated the gold ornaments of the deceased. The first accused used to frequently fight with the deceased and block her telephone calls. He did not take care of the deceased and the children. On 01.04.2024, the accused persons had a quarrel with the deceased and the second accused called her a nuisance. Due to the above harassments, the deceased hung herself on 01.04.2024 at around 10:00 hours. She succumbed to the injuries on 04.04.2024. Thus, the accused have committed the above offences.

4. Heard; Smt. Anjana Kannath, the learned counsel appearing for the petitioners and Smt.Pushpalatha M.K. the learned Senior Public Prosecutor.

5. The learned counsel for the petitioners vehemently argued that the petitioners are totally innocent of the accusations levelled against them. The petitioners are only the parents of the first accused, who is the husband of the deceased. A reading of the allegations in the FIR would show that the specific overt acts are attributed against the first accused. By no stretch of imagination can the offence under Section 306 of the IPC be attracted to the facts of the case. The only allegation made against the second accused is that he allegedly called the deceased a nuisance. The deceased committed suicide only for the reasons known to her. It is well settled in a catena of decisions by the Honourable Supreme Court that there should be cogent materials to prove an offence under of the . The petitioners are law abiding citizen without any criminal antecedents. The petitioners are ready to co-operate with the investigation and abide by any stringent condition that may be imposed by this Court.

Hence, the application may be allowed.

6.The learned Public Prosecutor opposed the application. She submitted that there are incriminating materials to substantiate the petitioners’ involvement in the crime. The Investigating Officer has filed a bail objection report, opposing the application. He submitted that the petitioners’ custodial interrogation is necessary for the proper investigation of the crime. If the petitioners are granted an order of pre-arrest bail, it may hamper the investigation. Hence, the application may be dismissed.

7. The prosecution case is that, the petitioners had mentally and physically harassed the deceased and abetted her to commit suicide.

8. On a careful analysis of the materials on record, it is seen that the first accused was married to the deceased on 24.5.2018. The couple have two children in their wedlock. Their marital relationship was strained. The first accused used to frequently block the deceased’s number, to prevent any conversation with her. Even though the prosecution has a case that the accused used to frequently mentally and physically harass the deceased for demanding more dowry, the FIR is registered after the death of the deceased. The allegation against the second accused is that, he called the deceased a nuisance and she got mentally disturbed, and she committed suicide by hanging herself.

9. The predicate offence alleged against the petitioners is under Sec.306 of the IPC , which reads thus:

“306.Abetment of suicide. — If any person commits suicide, whoever abets the commission of such suicide, shall be punished with