Sarath P.S vs State Of Kerala

Jobin Sebastian, J

This petition for regular bail has been filed by accused Nos.1 and 2 in crime No.191/2024 of Pudukkad Police Station, registered alleging the commission of offence punishable under Section 306 of the Indian Penal Code (hereinafter referred to as ‘IPC’ for short).

The  prosecution  allegation  is  that,  the  1st accused, in a previous incident, assaulted one ‘Thilakan’, the deceased in this case, and thereafter spread some scandalous rumours against the deceased by connecting his name with a lady, who is his neighbour. Subsequently, on 22.02.2024, at 3.30 pm, due to the mental agony, the deceased committed suicide by hanging. Hence, the accused are alleged to have committed an offence punishable under Section 306 of IPC.

Heard both sides in detail and perused the available records.

The learned Public Prosecutor submitted that it was at the abetment of the accused, ‘Thilakan’ decided to end his life by hanging. According to the learned Public Prosecutor, a detailed investigation is highly necessary in this case to unearth the entire details involved in this case.

Per contra, the learned counsel for the petitioners submitted that an offence under Section 306 of IPC will no way attract in this case. According to him, if at all the prosecution case is believed as true, the facts alleged will not constitute an offence of abetment to commit suicide, as ingredients to attract such an offence are lacking. Moreover, the learned counsel for the petitioners urged that the investigation in this case is practically completed and hence, further detention of the petitioners will serve no purpose. Canvassing regular bail, the learned counsel for the petitioners also submitted that further judicial incarceration of the petitioners will tell much upon the family members of the deceased, who are depending for him for their livelihood.

From the submissions made from either side and perusal of records, it is discernible that the accusation against the petitioners and other accused in this case is a serious one. There is specific allegation that the petitioners spread some rumours so as to lower the reputation of the deceased in the estimation of general public and hence driven him to think of committing suicide. Of course, the allegations are very serious in nature. However, the question whether the petitioners were having an intention to prompt or persuade the deceased to think of committing suicide is a matter of evidence which can be relegated to be considered at the time of trial. Anyhow, the petitioners are seen arrested in this case on 20.12.2024 and since then they have been in custody. The suicide note allegedly written by the deceased has already been recovered. The investigation in this case has crossed its major and crucial part and is on the verge of completion. The custodial interrogation of the petitioners is also over. Moreover, no criminal antecedents are seen pointed out against the petitioners. Therefore, further judicial incarceration of the petitioners will serve no purpose. However, from the submission made by the learned Public Prosecutor, it is decipherable that the relatives of the deceased are agitated and in a rebellious mood against the petitioners and if they are released on bail, chance for arousal of a law and order situation could not be ruled out. Anyhow, I am of the considered view that the apprehension of the learned Public Prosecutor in that regard can be obviated by imposing stringent conditions in this order. Considering all the abovesaid aspects, I am inclined to grant bail to the petitioners on conditions.

In the result, this petition is allowed on the following conditions:

(1) The petitioners shall be released on bail on they executing a bond for Rs.1,00,000/-(Rupees one lakh only) each, with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(2) The petitioners shall appear before the Investigating Officer on every Second Saturdays between 10 a.m. and 11 a.m., starting from 11.01.2025 for a period of three months or till the final report is filed, whichever occurs first.

(3) The petitioners shall also appear before the investigating officer as and when required and shall cooperate with the investigation.

(4) The petitioners shall not intimidate or influence the witnesses; or tamper with the evidence.

(5) The petitioners shall not commit any offence while he is on bail.

(6) Except for complying condition Nos.2 and 3 in this order, the petitioners shall not enter the limits of Pudukkad police station for one month from the date of his release from jail.

(7) It is made clear that, in the event of a violation of any of the above conditions, the investigating officer is at liberty to approach the jurisdictional court for cancellation of bail. In that event, the jurisdictional court shall consider such application and pass appropriate orders.