IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 Crl.MC.No. 439 of 2009() ------------------------ CRIME NO.632/08 OF KADAKKAL POLICE STATION PETITIONER(S): --------------- BINU, S/O. SIVARAJAN, BIJU BHAVAN, KARIYAM ALUMKUNNU, EDATHARA MURI, KADAKKAL VILLAGE, KOTTARAKARA, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KADAKKAL POLICE STATION KOLLAM DISTRICT THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.' BY P.P. SRI. P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No.439 of 2009 ------------------------------------------------- Dated this the 29th day of January, 2009 ORDER The petitioner faces allegations as an accused in a crime registered initially under Sec.174 Cr.P.C. and now altered to Sec.306 IPC. An FIR under Sec.174 Cr.P.C. has been registered on the basis of the statement given by the son of the deceased person. The First Information Statement reveals that the father of the informant had committed suicide by hanging after writing out a suicide note. In such suicide note, it is submitted, it has been alleged that the deceased was committing suicide because of the assault on him by three persons including the petitioner herein. In the course of investigation of the crime registered under Sec.174 Cr.P.C., the police filed a report altering the caption and including the allegation under Sec.306 IPC and including the name of the petitioner herein as one of the accused. Crl.M.C. No.439 of 2009 -: 2 :- 2. According to the petitioner, the allegation raised against him under Sec.306 IPC is not justified. Even assuming that the deceased was perturbed and unhappy about the incident which took place on the previous day, it cannot be assumed that the petitioner had abetted the commission of suicide. Merely because a person has committed suicide because he did not relish certain acts of others, such others cannot be held guilty of abetment of commission of suicide. In these circumstances, the inclusion of Sec.306 IPC as a section of offence in the FIR and the inclusion of the petitioner as an accused may be set aside, it is prayed. 3. I am afraid, the request is premature. The police are only investigating into the crime. Prima facie materials appear to have been collected to indicate that the conduct of the petitioner along with some others was responsible for the commission of suicide by the deceased. Whether there was abetment of the suicide is a question which will have to be ascertained in the course of investigation. In any view of the matter, I am not satisfied that this is a fit case where the extraordinary inherent jurisdiction under Sec.482 Cr.P.C. can or ought to be invoked in favour of the petitioner and to prevent any further steps for the investigation of the crime registered Crl.M.C. No.439 of 2009 -: 3 :- under Sec.306 IPC. 4. Considering the nature, quality and contours of the extraordinary inherent jurisdiction vested in this Court, I am satisfied that the invocation of such power is not necessary against the inclusion of the petitioner as an accused and the inclusion of Section 306 I.P.C as the Section of offence. 5. The learned counsel for the petitioner submits that the petitioner apprehends arrest. The option of the petitioner to seek anticipatory bail under Section 438 Cr.P.C shall remain unfettered. The option of the petitioner to surrender before the Investigating Officer or the learned Magistrate and then seek regular bail shall remain unfettered. Needless to say, if such an application for regular bail is filed, the learned Magistrate will have to consider the same on merits, in accordance with law and expeditiously. 6. With the above observation, this petition is dismissed. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No.439 of 2009 -: 4 :-