IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS WEDNESDAY, THE 24^TH DAY OF SEPTEMBER 2025 / 2ND ASWINA, 1947 BAIL APPL. NO. 10779 OF 2025 CRIME NO.1489/2025 OF NORTH PARAVUR POLICE STATION, ERNAKULAM PETITIONERS:

1 BINDU N.K., AGED 54 YEARS, W/O PRADEEP KUMAR K.K, KADATHKADAVIL, KOTTUVALLY, KAITHARAM, PARAVUR, ERNAKULAM, PIN – 683 519.

2 PRADEEP KUMAR K.K., AGED 61 YEARS, S/O KRISHNAN, KADATHUKADAVIL, NANTHYATTUKUNNAM, PARAVUR, ERNAKULAM, PIN – 683 513.

3 DIVYA PRADEEP., AGED 29 YEARS, W/O NIMOSH K.U, KARAKKATTUPARAMBIL HOUSE, MANJANAKKAD, NJARAKKAL, ERNAKULAM, PIN – 682 505.

4 NIMOSH K.U., AGED 37 YEARS, S/O UNNI, KARAKKATTUPARAMBIL HOUSE, MANJANAKKAD, NJARAKKAL, ERNAKULAM, PIN – 682 505.

BY ADVS.

SRI.RAMEEZ NOOH SMT.FATHIMA K.

SHRI.DANIC ANTONY RESPONDENT:

STATE OF KERALA., THROUGH SHO NORTH PARAVUR POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682 031.

SRI. NOUSHAD K. A. (PP)

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

24.09.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

BECHU KURIAN THOMAS., J -------------------------------------- Bail Appl. No.10779 of 2025 ------------------------------------

Dated this the 24^th day of September, 2025

O R D E R

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

2. Petitioners are accused in Crime No.1489 of 2025 of North Paravur Police Station, Ernakulam, initially registered for the offences punishable under section 194 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) and subsequently registered under Section 108 r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’).

3. The prosecution alleges that the de facto complainant’ wife, Smt.Asha, committed suicide on 19.08.2025 at 3.00 pm, by jumping into the river and drowning herself and the accused abetted the commission of the said offence and thereby committed the offences alleged. 4. The first petitioner is the second accused, while the second petitioner is the first accused and the third petitioner is the fourth accused. The third accused has already been arrested, and she has been released on bail. The fourth petitioner is not arrayed as an accused as per the submissions of the learned Public Prosecutor.

5. Sri.Rameez Nooh., the learned counsel for the petitioner, contended that the entire prosecution allegations are false, and the petitioners have no role in the alleged crime. It was further submitted that, even if the entire prosecution allegations are admitted, if would still not make out any offence of abetment of suicide, since even going by the prosecution case, they had only demanded money legally due to them and the same cannot amount to an abetment of suicide. The learned counsel also pointed out that the third accused, the daughter of petitioners 1 and 2, was arrested and was granted bail by the learned Magistrate on the same day itself clearly indicating that petitioners have no involvement in the crime.

6. Sri.Noushad K A., the learned Public Prosecutor, on the other hand, submitted that the allegations are serious and petitioners had abetted the commission of suicide, which is evident from the suicide note written by the deceased immediately before her death. The learned Public Prosecutor also submitted that only a custodial interrogation would reveal the specific instigation carried out by the petitioners, as materials have been obtained to indicate that they had gone to the house of the deceased and abused her immediately before the incident.

7. I have considered the rival contentions and have also perused the case diary.

8. Petitioners are alleged to have abetted the commission of suicide by the wife of the de facto complainant on 19.08.2025. The deceased is alleged to have jumped into a river and ended her life by drowning. A perusal of the post mortem certificate indicates that there is a reference to a past suicide attempt by the