Judgment 1. Petition for bail. 2. Offence alleged under Section 306 IPC in Crime No.611/ 2014. 3. Law and sympathy are not one and the same. But, law cannot be substituted for sympathy. Administration of justice must be justice according to law. That will be legal justice. 4. A commission or omission as prescribed under the penal law alone will be an offence. Certain illegalities, wrongful acts, omissions may be immoral. But such immoral activities may not be illegal. A married woman having connection with another man is immoral. It is adultery. But, it is not an offence so far as a woman is concerned. But, for the man, it is an offence. Failure to help a drowning man, put out fire in a burning house may be a wicked act but it is not an offence. 5. Bakiyalakshmi (deceased) and Muruganantham (petitioner) are married. Unfortunately, they have no issues. But, have issues. Very often, they used to quarrel. She used to come to her father Veeraiyan's house. Under similar circumstances, recently, she came to her father's house. 6. On 09.11.2014, Muruganantham came to his father-in-law's house to bring back his wife, in default, he told her that he will consume poison and die. Then, Veeraiyan, his wife and Bakiyalakshmi were present. Veeraiyan snatched away the bottle containing poison from his son-in-law (petitioner). 7. Bakiyalakshmi suddenly consumed the poison in the said bottle telling that instead of her husband, she will die. She was taken to hospital. She was declared dead at the hospital. Her father lodged police complaint. 8. In the circumstances, police registered a case for an offence under Section 306 IPC. 9. Petitioner has been arrested and remanded. 10. Learned counsel for the petitioner would submit that even taking the allegations as such in the FIR, it would not warrant an offence under Section 306 IPC. 11. Learned Government Advocate would submit that Bakiyalakshmi died because of her husband/petitioner. 12. The offence under Section 306 IPC runs as under: “...306. Abetment of suicide — If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.” 13. The phrase “abetment” in Section 306 IPC has not been explained in Section 306 IPC. Such a word has been explained in Section 107 IPC. The phrase “abetment” in Section 306 IPC has not been explained in Section 306 IPC. Such a word has been explained in Section 107 IPC. It runs as under: “...107. Abetment of a thing — A person abets the doing of a thing, who— First — Instigates any person to do that thing; or Secondly — Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or Thirdly — Intentionally aids, by any act or illegal omission, the doing of that thing.” 14. Under criminal law, 'mens rea' (guilty mind) is very important. It is totally different from 'motive'. An intention to commit an offence, an intention to do certain statutorily prohibited act or omission is an offence. Even to commit an offence, there may be a good cause. It is motive. It comes under Evidence Act. It is helpful to find out the intention/mind of the accused person. 15. To attract an offence under Section 306 IPC, thus, there must be abetment on the part of the petitioner. It should be in the nature of forcing, pressurizing and instigating Bakiyalakshmi to commit suicide. Such an intentional act must emanate from the accused. It may be by words writing, visible signs or an illegal omission. 16. Now, in this case actually petitioner wished to die. But, his wife died. Petitioner did not say that she should die. That is not even in his contemplation. He did not wish that she should die. 17. So far as the act of Bakiyalakshmi is concerned, it is a voluntary act by herself unaccompanied by any force or instigation for her husband that she should die. It is the act of a weak minded lady. It is the act of a lady of frail mentality. It is the act of a foolish. The intention of the accused and not the intention of the victim has been made an integral part of an offence under Section 306 IPC. 18. Thus, even taking the version in the FIR to be true, prima-facie an element required for an offence under Section 306 IPC is missing in this case. 19. In the aforesaid circumstances, I am inclined to grant him bail. 20. 18. Thus, even taking the version in the FIR to be true, prima-facie an element required for an offence under Section 306 IPC is missing in this case. 19. In the aforesaid circumstances, I am inclined to grant him bail. 20. Ordered as under: (i) Bail granted; (ii) Two sureties, they and the petitioner shall execute a bond for Rs.10,000/- (Rupees Ten Thousand only) each to the satisfaction of the learned Judicial Magistrate, Thiruthuraipoondi; (iii) Petitioner shall appear before the Investigating Officer on every Monday and Friday at 10.30 a.m. for two weeks and thereafter as and when required for interrogation.