JITHIN.P Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is filed against an order passed by Court of Sessions, Thalassery (for short, 'the court below') in Crl.M.C No.1248/2021 declining bail to the appellant. The appellant is the sole accused in Crime No.111/2021 of Cherupuzha Police Station registered for offences punishable under Section 305 of the Indian Penal Code (for short, 'the IPC') and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'the SC/ST(POA) Act').

(2.) The case of the prosecution was that the accused after getting acquaintance with a minor girl aged 17 years namely one Sreeshna, who belongs to Scheduled Tribe community, through social media, lured her by promising to marry her and also had sexual intercourse with her. Thereafter, the appellant retreated from his promise to marry, alleging illicit relationship with others. He also threatened that her nude photos will be send to her mother. consequently she committed suicide. Therefore, alleging that he is guilty of the offence of abetment to commit suicide, Crime No.111/2021 was registered against him. He has moved an application seeking regular bail before the court below. The application was opposed by the learned public prosecutor vehemently. The court upon perusal of the materials in the Case Diary observed that the investigation in the case is over and a final report is submitted before the court below which has already been taken cognizance of and stands registered on its file as SC No.547/2021.

(3.) The court below has observed that the withdrawal of the appellant from his promise, resulted in commission of suicide by the girl and therefore, the allegations cannot be viewed lightly. Accordingly, bail was also declined to him. The said order is assailed. It is found that two crimes are registered against the appellant alleging commission of various offences against the same victim by Cherupuzha Police Station.