RAJU AND ORS. Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition is filed under section 438 of the Code of Criminal Procedure, 1973.

(2.) The petitioners herein are the accused Nos.1 and 2 in Crime No.1478 of 2017 of the Mala Police Station. It appears that on 29.12.2017, Crime No.1478 of 2017 was registered under section 174 of Cr.P.C , 1973based on information furnished by one Abhi. According to him, his brother-in-law, Jijo, committed suicide on 28.1.2017. In his statement, it was mentioned that Jijo had alcohol dependency related problems. Later it appears that a suicide note allegedly written by Jijo was recovered wherein he has stated that if he dies, the petitioners herein are the persons responsible. Based on the suicide note, the petitioners have been arrayed as accused Nos.1 and 2.

(3.) Learned counsel submits that the first petitioner is the father-in-law of the second petitioner. There were some altercation concerning monetary disputes between the aforesaid Jijo and the 1st petitioner on 24.12.2017. Jijo had hit the 1st petitioner on his face and he had sustained bleeding injuries. On the next day, while the petitioners were returning back from hospital, they spotted Jijo. The 1st petitioner stopped his vehicle and questioned Jijo as to why he had assaulted the 2nd petitioner. This led to an altercation and the petitioners are alleged to have assaulted Jijo. Three days thereafter, Jijo decided to take his own life by hanging himself.