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2025 Supreme(Online)(Ker) 47274

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
SAJITHA, SHIJUMON – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: B.ASHOK SHENOY, P.S.GIREESH, ARJUN R NAIK, ADITYA A. SHENOY, UMASANKER U.U.
For the Respondents: SMT. SREEJA V.

Table of Content
1. assessment of the allegations and absence of necessary intent. (Para 3 , 7 , 11)
2. arguments regarding the necessity of bail and inquiry. (Para 4 , 5 , 6)
3. intent and necessity for custodial interrogation in abetment cases. (Para 9 , 12)
4. final decision and conditions for bail. (Para 13)

ORDER

This bail application is filed under section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short ‘ BNSS ’).

2. Petitioners are accused Nos.4 and 5 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.Ashok Shenoy B., the learned Counsel for the petitioners as well as Smt.Sreeja V., the learned Public Prosecutor.

I have also perused the case diary.

5. The learned Counsel submitted that petitioners have no involvement in the alleged c

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