Sini Vijayakumar vs State Of Kerala

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking pre-arrest bail.

The applicant is the accused No.2 in Crime No.477/2026 of Aroor Police Station, Alappuzha District. The offence alleged is punishable under Section 108 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.

The prosecution case, in short, is that the deceased and the accused No.1 developed acquaintance through Instagram two years ago. Both of them became thick friends and later their marriage was decided to be solemnized at the instance of the families of both parties. While so, the applicant, who is the mother of the accused No.1, had some issues with the deceased in connection with her menstrual irregularities. The applicant mentally harassed the deceased continuously. The applicant is alleged to have thereafter discussed with the accused No.1 and decided to withdraw from the marriage alliance. This caused mental trauma to the deceased. The deceased went to the residence of the accused persons and tendered an apology to the applicant. She also requested them to proceed with the marriage alliance. The applicant outrightly informed the deceased about their disinterest in proceeding with the marriage. The deceased went to Abu Dhabi, where the accused No.1 was working, so as to convince him about the actual situation. The accused No.1 was ready to proceed with the marriage. Both of them returned from Abu Dhabi to India. The deceased verified the mobile phone of the accused No.1 and came to understand that the conversations made between them were shared with the applicant. Moreover, the applicant made comments against the deceased, and these matters caused mental agony to the deceased. The deceased committed suicide by hanging in between 11.00 p.m. on 19.08.2026 and 3.30 a.m. on 20.08.2026. The accused persons subjected the deceased to mental harassment, as a consequence of which she committed suicide, and thereby committed the aforesaid offence.

I have heard Sri.Rajit, the learned counsel for the applicant and Smt.Aneeda Beegum, the learned Senior Public Prosecutor. Perused the case diary.

The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the above crime. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, she is entitled to bail. The learned Senior Public Prosecutor, on the other hand, submitted that the alleged incident occurred as part of the applicant's intentional criminal acts, and if she is released on bail at this stage, it will affect the course of the investigation.

The deceased was in a relationship with the accused No.1. The applicant is the mother of the accused No.1. In fact, both the families initially agreed to solemnize the marriage of the deceased and the accused No.1. But later on, it is alleged that the accused No.1 withdrew from the marriage. However, no serious overt act has been attributed against the applicant for the suicide of the deceased. There are also no materials to suggest that the applicant has in any way aided or abetted the suicide of the deceased. The applicant does not have any criminal antecedents. Considering the allegations made against the applicant, her custodial interrogation seems unnecessary. For these reasons, I find this to be an appropriate case to grant pre-arrest bail to the applicant.

In the result, the application is allowed on the following conditions:-