ANEESH MOHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the accused in Crime No.636 of 2022 of Pooyappally Police Station, Kollam Rural. The said crime has been registered alleging offences under Sec. 306 of the Indian Penal Code, 1860.

(2.) According to the prosecution, a young girl of 22 years, who was already betrothed to the petitioner, committed suicide on 27/4/2022 and the petitioner is alleged to have abetted the suicide thereby committing the offences alleged against him.

(3.) Sri.K.P.Satheesan, learned Senior Counsel instructed by Adv.K.Sudhinkumar contended that the marriage of the petitioner with the deceased was fixed and an engagement ceremony was held on 17/2/2022. The learned Senior Counsel further contended with vehemence that there is absolutely no evidence of any abetment of suicide as against the petitioner and that merely because the deceased committed suicide, the same by itself cannot amount to the commission of any offence by the petitioner. The learned counsel relied upon the decisions in Sukumaran and Another v. State of Kerala (2022 (1) KHC 427), Badusha Nishad v. State of Kerala and Others (2018 (4) KHC 243), Ramesh Kumar v. State of Chattisgarh (2002 KHC 346), Sanju Alias Sanjay Singh Sengar v. State of M.P. (2002 KHC 1270) and Madan Mohan Singh v. State of Gujarat and Another (2010 KHC 4581) and urged that to constitute the offence of abetment of suicide, there must be proof of instigation, or intentional aiding or at least a direct act of incitement to the commission of the offence. He further contended that the suicide notes seized from the room of the deceased by itself would not attract the offence of sec. 306 of the IPC and hence, the petitioner cannot be mulcted with any liability. The learned Senior Counsel also pointed out that in the absence of any circumstance to show that the petitioner instigated or urged or incited the deceased to commit suicide, petitioner cannot be proceeded against and in such circumstances the grant of pre-arrest bail is essential to protect the liberty of the petitioner.