B.A.No.3408 of 2025 1 2025:KER:27228 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 BAIL APPL. NO. 3408 OF 2025 CRIME NO.157/2025 OF AROOR POLICE STATION, ALAPPUZHA PETITIONER(S)/ACCUSED: NISHA K A AGED 41 YEARS D/O.ANTHUKAI, MANAR VEEDU, AROOR.P.O., ALAPPUZHA- 688534, NOW RESIDING AT KAITHAVELIKKAKATH HOUSE, MARADU.P.O., ERNAKULAM, PIN – 682304 BY ADVS. C.A.CHACKO C.M.CHARISMA BABU V.P. SHAHBAS AMAN C.M. RESPONDENT ( S )/COMPLAINANT : 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN – 682031 Addl. R2 AJAS M A S/O V K AHAMMEDKUTTY, MANAR HOUSE, AROOR.P.O. ALAPPUZHA (IMPLEADED AS ADDL.R2 AS PER ORDER DATED 28.03.2025 IN CRL.MA NO.1 OF 2025) B.A.No.3408 of 2025 2 2025:KER:27228 BY ADVS. SABIKH MOHAMMED MOHAMMED SHABEEL C. ADEEB SALAH V.K. SR PP – SRI.NOUSHAD K A THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.No.3408 of 2025 3 2025:KER:27228 P.V.KUNHIKRISHNAN, J -------------------------------- B.A.No.3408 of 2025 ------------------------------- Dated this the 28th day of March, 2025 O R D E R This Bail Application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita. 2. Petitioner is an accused in Crime No.157/2025 of Aroor Police Station, Alappuzha. The above case is registered against the petitioner alleging offence punishable under Section 108 of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS'). 3. The prosecution case is that the petitioner abetted her husband Niyas.M.A. to commit suicide on 17/12/2024 at about 7.30 am. It is alleged that she mentally harassed him by preventing him from entering into the house and by threatening to file case against him. She again threatened him over phone on 16/12/2024 and the same was informed by him to his mother over phone. He left his place of residence at about 6.30 pm and committed suicide next day by jumping into the sea near B.A.No.3408 of 2025 4 2025:KER:27228 Pallithode. Hence it is alleged that the petitioner instigated the deceased to commit suicide. 4. Heard the learned counsel appearing for the petitioner, the learned Public Prosecutor and the counsel appearing for the defacto complainant. 5. When this bail application came up for consideration on 19.03.2025, this Court passed the following order: “The petitioner will appear before the Investigating Officer on 24.03.2025. The Investigating Officer can interrogate the petitioner. The petitioner shall not be arrested till the next posting date. Post on 28.03.2025.” 6. Today, when the matter came up for consideration, the Public Prosecutor submitted that the petitioner appeared before the Investigating Officer and further custodial interrogation is not necessary. If that be the case, the petitioner can be directed to appear before the Investigating Officer once again to complete the procedures, and if arrest is recorded, there can be a direction to release the petitioner on bail. B.A.No.3408 of 2025 5 2025:KER:27228 Therefore, this Bail Application is allowed with the following directions: 1. The petitioner shall appear before the Investigating Officer within two weeks from today and shall undergo interrogation. 2. After interrogation, if the Investigating Officer propose to arrest the petitioner, she shall be released on bail on executing a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the arresting officer concerned. 3. The petitioner shall appear before the Investigating Officer for interrogation as and when required. The petitioner shall co-operate with the investigation and shall not, directly or indirectly make any inducement, threat or B.A.No.3408 of 2025 6 2025:KER:27228 promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer. 4. Petitioner shall not leave India without permission of the jurisdictional Court. 5. Petitioner shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected. 6. Needless to mention, it would be well within the powers of the investigating officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioner even while the petitioner is on bail as laid down by the Hon'ble Supreme Court in Sushila Aggarwal v. State (NCT of Delhi) B.A.No.3408 of 2025 7 2025:KER:27228 and another [2020 (1) KHC 663]. 7. The observations and findings in this order is only for the purpose of deciding this bail application. The principle laid down by this Court in Anzar Azeez v. State of Kerala [2025 SCC OnLine KER 1260] is applicable in this case also. 8. If any of the above conditions are violated by the petitioner, the jurisdictional Court can cancel the bail in accordance to law, even though the bail is granted by this Court. The prosecution and the victim are at liberty to approach the jurisdictional Court to cancel the bail, if any of the above conditions are violated. Sd/- P.V.KUNHIKRISHNAN, JUDGE nvj