Raju vs State Of Kerala

This petition is filed under Section 438 of the Code of Criminal Procedure.

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 based 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.

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.

The learned counsel appearing for the petitioners submitted that except for the fact that the petitioner had entered into an altercation with the deceased. According to the learned counsel, there is no direct act of instigation by the petitioners and no intentional act has been committed by them. There has to be a clear mens rea to commit an offence and that there ought to be an active or direct act leading the deceased to commit suicide. The learned Counsel refers to the decisions of the Apex Court in Sanju @ Sanjay Singh Sengar V State of M.P. [2002 SCC (Crl) 1141] and Gurcharan Singh V State of Punjab (2016 (12) SCALE 414), to support his submissions.

The learned Public Prosecutor has opposed the prayer. It is submitted that the suicide note of the deceased clearly points to the involvement of the petitioners herein.

I have considered the submissions advanced and have gone through the case diary. It is by now settled that in order to proceed against a person under Section 306 of the IPC, there has to be a clear mens rea to commit an offence and that there ought to be an active or direct act leading the deceased to commit suicide, being left with no option. There should be intention to provoke, incite or encourage the doing of an act by the latter. A person's suicidability pattern is different from the other. Each person has his own idea of self-esteem and self-respect. An overly sensitive man may decide to take his own life for even the most trivial of reasons. In the instant case, the deceased was having alcohol related problems and appears to have been staying separately from his family members. The only evidence connecting the petitioners with the crime is the suicide note.

Having given my anxious consideration to the facts and circumstances, I am of the considered view that, this is not a fit case in which the petitioners are required to be subject to custodial interrogation. I am of the view that by imposing appropriate conditions, an order of pre- arrest bail can be granted to the petitioners. However, the observations made in this order has been made for the limited purpose of consideration of this bail application and the investigating agency as well as the courts before which the matter may come up shall proceed untrammelled by these observations.

In the result, this petition will stand allowed. However, it shall be subject to the following conditions:

i).The petitioners shall appear before the investigating officer within ten days from today and shall undergo interrogation. Thereafter, if they are proposed to be arrested, they shall be released on bail on their executing a bond for a sum of Rs.40,000/- (Rupees forty thousand only) each with two solvent sureties each for the like sum.

ii)The petitioners shall co-operate with the investigation and shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m., for one month or till final report is filed, whichever is earlier.

iii)The petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer.

iv)The petitioners shall not commit any similar offence while on bail.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.