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2016 Supreme(Online)(KER) 3616

HIGH COURT OF KERALA
P.UBAID, J
LEENA @ REENA – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.K.A.NOUSHAD

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

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