MOHAMMED SUHAIL Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for regular bail.

(2.) The petitioner is the 1st accused in Crime No.2055/2021 of Aluva East Police Station, Ernakulam District, alleging commission of offences under Ss. 498A, 304B and 306 of the Indian Penal Code r/w. Sec. 34 of that Code. The aforesaid crime was originally registered under Sec. 174 of the Code of Criminal Procedure on account of the unfortunate demise of one Mofiya Parveen (hereinafter referred to as 'the deceased') due to suicide.

(3.) The petitioner got married to the deceased on 3/4/2021 by way of a 'Nikah'. It is submitted that though the ceremony known as 'Walima' was not conducted, the petitioner and the deceased had lived together for some months. It is alleged that, after the Nikah, the deceased was subjected to all forms of mental and physical cruelty and was harassed with demands for dowry/gold. This led to the deceased filing a complaint before the Superintendent of Police, Aluva Rural, on 28/10/2021, where certain allegations of harassment including demand for unnatural sex have also been raised. There appears to have been some communication between the petitioner and the deceased regarding the termination of their relationship by pronouncement of the 'talaq'. The Mahal Committees of the 1st petitioner and the deceased had also intervened in the matter. There are records which suggest that the petitioner and the deceased had attended the counselling session, where certain observations were made regarding the behaviour of the petitioner. It appears that a complaint dtd. 28/10/2021 before the Superintendent of Police, Aluva Rural resulted in the Circle Inspector of Police, Aluva East Police Station summoning the parties to the Police Station on 22/11/2021. There is an allegation that the then Circle Inspector of Police, Aluva East Police Station had behaved rudely and badly to the deceased. There is also an allegation that, when the petitioner raised some allegations against the deceased, she had slapped him in the presence of the Circle Inspector. It appears that the deceased left the office of the Circle Inspector along with her father and thereafter, on reaching her house, she locked herself in her room and in the evening of 22/11/2021 her parents found that she had committed suicide by hanging, after leaving a suicide note.