Pre-arrest bail may be granted in cases of alleged abetment of suicide (S. 108 BNS) if the court finds that custodial interrogation is unnecessary, the accused has no criminal antecedents, and the circumstances indicate the act was a result of love failure.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13.08.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

1. This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS), seeking pre-arrest bail.

2. The applicant is the sole accused in Crime No.186/2026 of Muzhakkunnu Police Station, Kannur District. The offence alleged is punishable under Section 108 of the Bharatiya Nyaya Sanhita, 2023 (for short, BNS).

3. The prosecution case, in short, is as follows:- The victim, a young lady aged, 20 years and the applicant were friends since they were students at Mattanur Higher Secondary School. They fell in love and the love affair continued. While the applicant was studying for Degree Course in PRNSS College, Mattanur and the victim was pursuing Physiotherapy Course at Mangalapuram Sreenivasa University, they used to travel together to various places like Mysore, Mangalapuram, Edakkanam etc. and during that period, the applicant had engaged in sexual intercourse with the victim. While so, the applicant developed an affair with a со-student at Mattanur PRNSS College, which came to the knowledge of the victim/deceased. Thereafter, the applicant deliberately tried to avoid the victim and blocked her phone, consequent to which, on 26.02.2026, the victim came to the Mattannur College where the applicant was studying and an altercation occurred between the applicant, his lover and the victim. Due to her agony that the applicant was avoiding their relationship, the victim attempted to commit suicide by slashing her wrist at Mattannur Bus Stand Bathroom on 27.02.2026. On 03.03.2026, her parents took her to counselling and she regained her mental composure and was pursuing her studies in Mangalapuram. Thereafter also, the applicant regularly contacted the victim over mobile phone and took her to a place named Edakkanam near Iritty in a car and had sexual intercourse with her in the car. The applicant, thereafter sent messages to the victim by mobile phone that he is discontinuing the relationship, which caused severe mental strain to the victim and she disclosed it to her friend Krishnendhu. When Krishnendhu informed the matter to the applicant, that if he does not respond, the victim will commit suicide, the applicant replied that the victim can do whatever she wants and deliberately avoided the victim. Due to the above conduct of the applicant, who had sexually exploited the victim and thereafter avoided her, the victim was driven to attempt to commit suicide on 17.04.2026 by hanging at her room in Mangalapuram, pursuant to which her parents took her to her house. Due to the mental stress caused by the conduct of the applicant in sexually exploiting her and thereafter avoiding her by blocking the telephone which amounted to abetement of suicide, on 19.04.2026 at 12:00 noon, the victim hanged herself in the ceiling fan of the bedroom of her house at Thillankeri, Kanjirad. Though the relatives took her to the hospital, she did not regain consciousness and died on 30.04.2026 and thereby the applicant has committed the above offence.

4. I have heard Sri.C.K.Suresh, the learned counsel for the applicant and Smt.Aneeda Beegum, the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the above crime. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. The learned Senior Public Prosecutor, on the other ha