The Kerala police said that Shimjitha Musthafa, charged with abetment of the suicide of a man who she accused of sexual misbehaviour, should not be given bail as it “would send society a wrong message”.
In the remand report submitted to the Judicial First Class Magistrate Court in Kunnamangalam, the Medical College police stated that if released on bail, the accused, Shimjitha Musthafa, might commit similar offences and that could encourage others, including women, to engage in similar acts, potentially leading to more suicides.
U Deepak, a native of Govindapuram in Kozhikode, died by suicide on January 19, three days after Shimjitha uploaded a video on social media, in which she alleged that he had sexually abused her on the bus. The incident triggered a huge debate in the state, with many alleging that the video was captured for social media virality.
As per the remand report, Shimjitha had shot visuals of Deepak in an “objectionable and unacceptable manner”.
“Granting bail to the accused in this case would send a wrong message to society. There is also a likelihood that, if released on bail, the accused may engage in similar offences again. There is apprehension that such acts could encourage others, including women, to indulge in similar activities, leading to more suicides. There is also a possibility that the accused may threaten or influence witnesses and obstruct the progress of the investigation by not cooperating with further legal proceedings,” the police said in the remand report.
Following this, the court, on January 22, remanded her to judicial custody in Manjeri jail for 14 days.
‘Nothing unusual in bus’
Police stated that nothing unusual was seen in the bus’ CCTV visuals on January 16, when the alleged incident happened. The police said the staff of the private bus confirmed that both Deepak and Shimjitha were on board, but added that no incident of harassment or sexual assault was reported during the journey.
The preliminary inquiry concluded that Shimjitha was well aware of the consequences of publishing “unacceptable video” and its possible implications, including public humiliation leading to suicide.
It noted that Shimjitha was academically qualified and was a former member of Arikkode panchayat in Malappuram. “The accused is well aware of the law. Instead of filing a complaint at the nearby police station, she resorted to publishing the video on social media. She was clearly aware that circulating such videos on social media could cause the person humiliation, mental distress, and even trigger suicide,” it said.
Police registered the case under Section 108 of Bharatia Nyaya Sanhita (abetment of suicide) based on the complaint of Deepak’s mother. Following the case, Shimjitha went absconding and was arrested from a relative’s house in Vadakara on January 21.
Police told the court that the investigation was still in its preliminary stages. The police stated that it plans to initiate procedures to recover the Facebook and Instagram accounts deleted from the accused’s mobile phone, conducting a detailed forensic examination of the mobile phone seized at the time of arrest, and recording statements from more persons, including witnesses present at the time of the incident.
Shimjitha files complaint
A day after her arrest, on January 22, Shimjitha filed a complaint alleging sexual misconduct on the bus. The complaint was emailed to Payyannur police.
In the complaint, Shimjitha stated that she was sexually harassed while travelling on a private bus from Payyanur railway station to the bus stand on January 16. As per reports, no one was named in the complaint.
