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2016 Supreme(Online)(KER) 17549

HIGH COURT OF KERALA
B.KEMAL PASHA, J
SANJEEV KUMAR – Appellant
Versus
STATE OF KERALA – Respondent


O R D E R

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

2. The petitioner is the accused in C.P.No.90/2013 of the Judicial First Class Magistrate's Court, Kunnamangalam, Kozhikode, which is presently pending as S.C.No.993/2014 before the Sessions Court, Kozhikode, which has arisen from Crime No.276/2013 of the Medical College Police Station, Kozhikode for the offence punishable under Section 306 IPC.

3. The allegation against the petitioner is that the brother of the defacto complainant namely Suresh Kumar has committed suicide, as abetted by the petitioner. It is alleged that the said Suresh Kumar has entrusted an amount of ₹60 lakhs with the petitioner for purchasing a property with a house from the petitioner. As the registration of the property was delayed, he demanded back the money. The same was not repaid and he was allegedly threatened and intimidated by the petitioner and he was asked to go and die. The said Suresh Kumar, who was a fickle minded person and somewhat mentally ill, committed suicide.

4. According to the petitioner, there is absolutely nothing to invite an offence under Section 306 IPC in the matter. The learned counsel for the p

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