Dubai-based Indian expat denied pre-arrest bail in wife's suicide abetment case
Sessions Court in Thalassery finds prima facie evidence against 27-year-old husband in death of 20-year-old woman six months after marriage, while granting anticipatory bail to his parents.
Dubai-based Indian expat denied pre-arrest bail in wife's suicide abetment case
A Sessions Court in Kerala has rejected the anticipatory bail application of a 27-year-old Indian expatriate working in Dubai, who stands accused of abetting his wife's suicide, while allowing pre-arrest bail to his parents who were also named in the case.
The court's decision came after Kerala Police issued a Look Out Circular against A.P.C., who works at a typing centre in Dubai. The administrative mechanism, used by Indian authorities to monitor and control movement of individuals at airports and seaports, was activated after the accused returned to the UAE following his wife's funeral.
The case revolves around the death of Fathimath Riza, 20, who died by suicide on July 28, barely six months into her marriage. According to court documents, the Sessions Court in Thalassery found prima facie material indicating the husband's alleged involvement in the offence.
Legal framework and charges
The accused faces charges under Section 306 of the Indian Penal Code, which was replaced by Section 108 of the Bharatiya Nyaya Sanhita from July 1, 2024. The offence carries punishment of imprisonment of up to ten years and a fine. It is classified as a non-bailable and cognizable offence, requiring trial by the Court of Session.
Under Indian legal principles, proving abetment of suicide requires demonstration that a person, through their acts, omissions or continued course of conduct, created circumstances that left the victim with no alternative but to end their life. An active role in the commission of suicide must be established.
The anticipatory bail applications were filed under Section 438 of the Code of Criminal Procedure, a provision that allows individuals to seek bail in anticipation of arrest. Only Sessions Courts or High Courts possess the jurisdiction to grant such relief.
Evidence and allegations
Prosecutors presented material collected during investigation, including a suicide note and a WhatsApp message that Riza had sent to a friend before her death. The communication reportedly detailed the treatment she allegedly endured during her marriage.
According to the prosecution, Riza was subjected to mental and physical cruelty after she questioned her husband's alleged drug use and his alleged relationships with other women. Her family has accused the in-laws of forcing her to conceal her suffering and a previous suicide attempt, which they claim they discovered only after her death.
Contrasting outcomes for accused
While denying anticipatory bail to the husband, the court granted relief to his parents. The judge noted that the suicide note contained no allegations against them, and there was currently no credible material linking them to the alleged offences at this stage of investigation.
The parents were granted pre-arrest bail subject to strict conditions: they must cooperate fully with the investigation, appear before the investigating officer when summoned, refrain from contacting the deceased's relatives, and avoid influencing witnesses.
Defence maintains innocence
During the hearing, counsel for the accused husband argued that the couple had shared a happy marriage and denied all allegations. The defence submitted that A.P.C. had travelled from Dubai to attend his wife's funeral after learning of her death and subsequently returned to the UAE due to employment obligations.
The defence maintained that all three accused had been falsely implicated in the case. The Look Out Circular issued against A.P.C. remains active as the investigation continues. For non-resident Indians, such circulars can result in detention at airports, denial of exit from India, or questioning by authorities.
The allegations against the accused remain under investigation and are yet to be tested in court. A.P.C. remains unreachable for comment.
Broader context of domestic violence in India
The case unfolds against a backdrop of concerning statistics on domestic violence in India. National Crime Records Bureau data for 2024 recorded 5,737 dowry deaths across the country, translating to nearly 16 women dying every day due to dowry-related harassment, domestic violence or suspicious deaths after marriage. Kerala has seen a particularly sharp increase in reported spousal violence cases, with the National Family Health Survey-6 showing a rise from 9.8 percent to 17.7 percent, one of the largest increases recorded in the survey even as most other Indian states showed reductions.
