BADUSHA NISHAD Vs. STATE OF KERALA

JUDGEMENT

(1.) The applicant is a teenager. He is 18 years old to be exact. He has rushed to this Court seeking an order of pre-arrest bail. According to him, he is hounded by the police on the allegation that he has abetted the suicide of the love of his life. His contention is that he is innocent and registration of the Crime is on frivolous and vexatious allegations.

(2.) To understand the contentions of the applicant, one may have to look at the prosecution allegations. A girl aged about 18 years committed suicide by hanging on 7.7.2018 at her residential home at Karumpallichira. The deceased and the applicant were deeply in love and this fact was known to the parents of the deceased. The boy was from a different community and the parents strongly believed that her relationship with the applicant would mess up her future. They gave her the ultimatum to sever her relationship with the applicant. Her mobile phone was confiscated and numerous restrictions were placed. Her mother inflicted some minor punishment to discipline her daughter. The parents contacted the applicant herein and warned him from continuing with the relationship. However, the deceased ignored the warning of her parents and continued to contact him using a mobile phone, which was stealthily handed over to her by the applicant. The girl suspected that the applicant was showing diffidence and was traumatized. After professing her love to the applicant, she decided to take her own life and hanged herself.

(3.) The Crime was initially registered under section 174 of the Cr.P.C., 1973 In the course of investigation, the mobile phone, which was allegedly handed over by the applicant to the victim, was seized. On examination of the messages and the call details, it was revealed that the applicant and the girl had been contacting till the moment prior to her death. Both had exchanged messages that one could not live with the other. When the girl asserted that she would take her life, the boy responded in the same manner. After scanning the messages, on the allegation that the applicant herein had abetted the girl to commit suicide, he was roped in as the accused.