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2025 Supreme(Online)(Ker) 58110

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
DIVEK S.D – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.RAJIT, SMT.SRUTHI RAJIT
For the Respondents: SRI.M.C.ASHI

Table of Content
1. allegations of involvement in suicide. (Para 2 , 3)
2. evidence assessment for bail. (Para 4 , 5 , 10)
3. intention required for abetment. (Para 6)
4. importance of proving incitement. (Para 8 , 9)
5. conditions for bail approval. (Para 11)

ORDER

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

2. Petitioner is the 2nd accused in Crime No.777 of 2025 of Guruvayoor Temple Police Station, Thrissur, registered initially for the offences punishable under Section 174 of the Bharatiya Nagarik Suraksha Sanhita , 2023 and subsequently altered to Section 108 of BNS apart from Sections 9 (1)(b) and 9(2) of the Kerala Prohibition of Charging of Exorbitant Interest Act , 2012.

3. The prosecution alleges that on 10.10.2025, Sri.Musthafa A.M., the elder brother of the defacto complainant, was found hanging from his house and the investigation revealed that the deceased had borrowed money from accused 1 and 2 and they extracted large amount of money and even threatened to compel him to pay further exorbitant interest, resulting in the deceased committing suicide.

4. I have heard Adv.Sruthi Rajit, appearing on

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