A mere debt does not establish abetment of suicide without a direct causal link between the alleged conduct and the act of suicide.

ORDER

The petitioner herein seeks pre arrest bail under Section 438 of the Code of Criminal Procedure on the apprehension of arrest and custodial harassment in connection with Crime No.164 of 2016 of the Valappad Police Station, registered under Section 306 of the Indian Penal Code .

2. This crime relates to the commission of suicide by one Prabhakaran. Deceased Prabhakaran had some finance business. The petitioner herein was a staff in the said institution. She owed some amount to Prabhakaran, which she either borrowed or otherwise appropriated. Repeated demands were made by the deceased for the said amount. When the petitioner delayed payment under some pretext, it worried Prabhakaran much. Due to disappointment, he committed suicide on 22.01.2016. It is alleged that commission of suicide by Prabhakaran was abetted by the petitioner herein.

3. On a perusal of the materials including the Case Diary, I find that this is not a definite case under Section 306 IPC . This Court has recently settled the legal position as regards the requirements of . It appears that Prabhakaran committed suicide for his own reasons. That the petitioner herein owed some money to the deceased, or the petitioner delayed payment, cannot be a reason for commission of suicide by Prabhakaran. The material question is whether there was any nexus between the alleged act of the accused and the commission of suicide, or whether the commission of suicide by Prabhakaran was the proximate result of the act or commission alleged against the petitioner. Such definite materials are yet to be collected by the police for a prosecution under . The suicide note written by the deceased contains some details of his dealings, but it does not contain the exact cause of death. In the above factual situation, I feel it appropriate to grant pre-arrest bail to the petitioner. Her interrogation in custody is felt not necessary. Even without such interrogation, the required materials can be collected by the police.

In the result, this petition for pre arrest bail is allowed. The petitioner is ordered to be released on bail on ₹

her executing a bond with two solvent sureties for 40,000/- (Rupees Forty Thousand only) each to the satisfaction of the arresting officer or the learned Magistrate having jurisdiction, in case of her arrest in connection with Crime No.164 of 2016 of the Valappad Police Station. Bail is granted on condition that;

a) The petitioner shall report before the investigating officer between 10 a.m. and 11 a.m. on all Wednesdays for a period of two months. b) The petitioner shall not leave the limits of the Valappad Police Station for a period of two months.

c) The petitioner shall not in any manner influence or intimidate the material witnesses, or she shall not have any contact with the material witnesses directly or over telephone or otherwise.

d) The petitioner shall not enter the Revenue Village where the house of the deceased is situated, till the whole investigation process is over.