Molestation Complaint Not Abetment Suicide Pre Arrest Bail

Holding that filing a lawful police complaint cannot amount to abetment of suicide, the Madhya Pradesh High Court has granted anticipatory bail to three women after a man accused of molesting one of them killed himself soon after.

Justice Ajay Kumar Nirankari was determining whether the women, who had approached the police with allegations of molestation and criminal intimidation, could be held criminally liable after the accused’s death.

“Merely filing a lawful complaint before the competent authority regarding alleged criminal conduct cannot, by any stretch of imagination, amount to instigation, intentional aid or abetment so as to attract criminal liability for abetment of suicide,” the court said on June 26, granting them protection from arrest.

The prosecution said the alleged incident took place on May 10, at around noon when she was returning to her old residence from her newly constructed house. The man allegedly intercepted the woman, before teasing and molesting her, and threatened to kill her if she revealed the incident to her family or the police.

The women’s counsel said they had merely exercised their legal right by approaching the police after the alleged molestation. The defence contended that the May 11 complaint was bona fide and sought lawful action against the man’s alleged misconduct. It said that invoking the due process of law could never amount to instigation.

It was further argued that there was no death note, dying declaration or any legally admissible material attributing any overt act of instigation to the women. The prosecution, the defence said, failed to establish any act linking the women’s conduct with the man’s actions.

The women had no criminal antecedents, it was argued, and no custodial interrogation was required as the investigation was based primarily on documentary and oral evidence already in police possession.

The state opposed the plea, arguing that considering the nature and gravity of the allegations, the women did not deserve anticipatory bail.

The high court directed that in the event of their arrest, all three women shall be released on anticipatory bail on furnishing a personal bond of Rs 50,000 each with one solvent surety of the like amount.

The applicants have also been directed to cooperate with the investigation, appear before the investigating officer whenever required, refrain from influencing witnesses, not leave India without prior permission of the court and comply with the conditions prescribed under the Bharatiya Nagarik Suraksha Sanhita.

Vineet Upadhyay is an Assistant Editor with The Indian Express, where he leads specialized coverage of the Indian judicial system. Expertise Specialized Legal Authority: Vineet has spent the better part of his career analyzing the intricacies of the law. His expertise lies in "demystifying" judgments from the Supreme Court of India, various High Courts, and District Courts. His reporting covers a vast spectrum of legal issues, including: Constitutional & Civil Rights: Reporting on landmark rulings regarding privacy, equality, and state accountability. Criminal Justice & Enforcement: Detailed coverage of high-profile cases involving the Enforcement Directorate (ED), NIA, and POCSO matters. Consumer Rights & Environmental Law: Authoritative pieces on medical negligence compensation, environmental protection (such as the "living person" status of rivers), and labor rights. Over a Decade of Professional Experience: Prior to joining The Indian Express, he served as a Principal Correspondent/Legal Reporter for The Times of India and held significant roles at The New Indian Express. His tenure has seen him report from critical legal hubs, including Delhi and Uttarakhand. ... Read More