Kerala Court grants bail to PP Divya accused of abetting suicide of ADM Naveen Babu

A Kerala Court on Friday granted bail to former Kannur District Panchayat President who is accused of abetting the suicide of Additional District Magistrate (ADM) Naveen Babu. [PP Divya v The Station House Officer, Thalassery].A Thalassery Sessions Court granted Divya regular bail after observing that even though anticipatory bail is granted only in exceptional cases, in regular bail cases, "bail is the rule and jail is an exception."The trial court added that a prima facie case existed against Divya under Section 108 (abetment of suicide) of the Bharatiya Nyaya Sanhita, 2023 (BNS).However, the court found that it was unnecessary to continue keeping her in jail since she was complying with the legal proceedings."I am of the opinion that, the prosecution could not bring this case to the exception of withholding bail and to keep the petitioner in jail. I am of the opinion that, further incarceration of the petitioner is not required in this case and she can be granted bail. But, of-course with strict conditions," the court said..ADM Naveen Babu, was found dead at his residence the morning after a farewell ceremony organised on the eve of his transfer to another district.Divya was accused of abetting Babu's suice as she had made some public remarks at the ceremony suggesting that Babu was involved in bribery, concerning a no-objection certificate (NOC) for a petrol pump.Babu was found deceased the following morning, and Divya’s comments have since been linked to his death.To avoid arrest, Divya first filed an anticipatory bail application before the Thalassery Sessions Court.In her plea, she explained that her remarks during ADM Naveen Babu’s farewell event were not meant to pressure or harm him. According to her, the comments were made to promote administrative efficiency and address concerns regarding corruption.However, on October 29, the Sessions Court denied her anticipatory bail. Divya was subsequently arrested and remanded to judicial custody for 14 days.This prompted her to move the present petition for regular bail which was allowed by the court today. .During bail hearings, Divya's counsel had argued that the investigation lacked clarity and claimed that Babu allegedly accepted a bribe from a suspended official, Prashanth. In this regard, the lawyer claimed that there was CCTV footage showing Prashanth meeting the deceased ADM. Prosecutor K Ajithkumar countered these claims as mere guesses and opposed the bail petition, arguing that the phone calls and meeting cited by Divya did not sufficiently substantiate her allegations of bribery.Another concern raised by the prosecution was the potential for witness tampering, given Divya’s political influence. The prosecution argued that her position within the CPI (M) District Committee and her established social standing could be used to exert undue pressure on key witnesses. The counsel for Naveen Babu’s family also opposed the bail plea, arguing that Divya had earlier evaded summons. The counsel further called for an examination of Divya's phone records..After examining rival submissions, the sessions court granted bail on opining that there was no credible risk that Divya would abscond.It also factored in that Divya's father was in poor health while granting her conditional bail with strict conditions.The court added that imposing strict conditions could mitigate any concerns of witness tampering or interference with the police investigation. The court proceeded to allow Divya's release on bail upon the execution of a bail bond of ₹1 lakh with two sureties. Divya was also directed to make weekly appearances before the investigating officer, and restrained from leaving the district without court permission. Further, Divya has been barred from contacting witnesses and directed to surrender her passport..Advocate K Viswan represented Divya before the trial court. Advocates John S Ralph and PM Sajitha represented Naveen Babu's family.Public prosecutor K Ajith Kumar represented the state..[Read Order]