NAVAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in Crime No.450/2021 of Kilikolloor Police Station alleging commission of offences under Ss. 306, 420 & 506(i) of the Indian Penal Code.

(2.) The allegation against the petitioner is that he received substantial amounts from the father of the de facto complainant on the promise that he would be made a partner in a Petrol Pump business being run by the petitioner and thereafter without giving any information or obtaining the consent from the father of the de facto complainant, the petitioner transferred the business to a third party and did not repay the amounts invested by the father of the de facto complainant, which resulted in the father of the de facto complainant being driven to suicide.

(3.) The learned counsel for the petitioner submits that even if the entire allegations are accepted as true there cannot be by any stretch of imagination an allegation that the petitioner had abetted the suicide of the father of the de facto complainant. It is submitted that even assuming that there are commercial disputes between the petitioner and the father of the de facto complainant, that by itself cannot be a ground to invoke Sec. 306 of the Indian Penal Code. It is submitted that a civil dispute is being sought to be converted by misusing the machinery of criminal law. Finally, it is submitted that the petitioner has been in custody from 10/12/2021 and his continued detention is not necessary for the purpose of investigation into the case.