the High Court of Kerala allowed an anticipatory bail application challenging arrest in an abetment-to-suicide case, imposing conditions for interrogation and appearance.
granted of the anticipatory bail application on conditions including 10-day appearance, weekly reporting, and undertaking not to intimidate.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
TUESDAY, THE 04TH DAY OF DECEMBER 2018 / 13TH AGRAHAYANA, 1940
Bail Appl..No. 2551 of 2018
CRIME NO. 485/2018 OF KOTTARAKKARA POLICE STATION, KOLLAM
PETITIONER/ACCUSED:
K. ABHILASH, AGED 35 YEARS S/O.KRISHNANKUTTY NAIR, PARAVILA VEEDU, NEDUVATHOOR, NEELESWARAM P.O., KOTTARAKARA.
BY ADV. SRI.ALEXANDER GEORGE
RESPONDENT/COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.
2 THE SUB INSPECTOR OF POLICE KOTTARAKARA POLICE STATION, KOLLAM DISTRICT.
SR.PP C.N PRABHAKARAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.12.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No. 2551 of 2018
2
O R D E R
Petitioner apprehending arrest in Crime
No.485/2018 of Kottarakara Police Station for offence punishable under Section 306 of IPC seeks bail. The allegation of the prosecution is that on 25.02.2018, one Vasudevan Pillai committed suicide. He had left behind a suicide note wherein it is scribbled that the petitioner had assaulted him and due to that he is committing suicide.
2. Learned counsel for the petitioner contended that even assuming that the facts mentioned therein are true, that does not in any manner indicate an abetment to commit suicide.
It was contended that an abetment as a cause of committing suicide, require higher degree of evidence. It is true that in the suicide note
the deceased had made a comment that the petitioner had assaulted him and consequently he
Bail Appl..No. 2551 of 2018
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is committing suicide. The question whether the person has abetted the commission of suicide is not clearly discernible from the available materials. However, the circumstances that led to the death of the person is a matter that requires to be further considered in detail. However, in the nature of allegations raised against the petitioner, I feel that a custodial interrogation of the petitioner may not be absolutely necessary.
Hence, the anticipatory bail application is allowed on the following conditions:
(i) Petitioner shall appear before the Investigating Officer within 10 days from today and shall undergo interrogation. Thereafter, if he is proposed to be arrested, he shall be released on bail on he executing a bond for a sum of 40,000/- (Rupees forty thousand only) with₹ two sureties for the like sum each.
Bail Appl..No. 2551 of 2018
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(ii) He shall appear before the Investigating officer on all Wednesdays between 9.00 a.m. and 10.00 a.m. for a period of two months from the date of execution of the bond. (iii) He shall not threaten, coerce or intimidate the defacto complainant or the witnesses.
Sd/-
SUNIL THOMAS, JUDGE
Pn 04/12
1 issue framed by the court
Whether anticipatory bail is appropriate in a case involving alleged abetment to suicide where the question of abetment is not clearly discernible.
1 provisions across 1 enactments
K. Abhilash
State of Kerala
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
