Deepak suicide: Kerala court grants bail to influencer Shimjitha Musthafa

A sessions court in Kerala's Kozhikode on Wednesday granted bail to social media content creator Shimjitha Musthafa who was booked for abetting the suicide of 42-year-old U Deepak, after she uploaded videos accusing him of misconduct during a bus ride [Shimjitha VK v State of Kerala].

Deepak had died by suicide after Musthafa uploaded videos on social media accusing him of inappropriately touching her during a bus ride.

She was later arrested after Deepak took his life.

District and Sessions Judge Bindhukumari VS passed the bail order today.

"Since the investigation has thus progressed to a considerable extent and further detention of the petitioner is not required for the purpose of investigation, I find that the petitioner is entitled to be released on bail," the court's order said.

The case is tied to a January 16 bus journey. According to the prosecution, Deepak had stood on the front side of the bus because it was crowded. Musthafa is alleged to have deliberately stood close to him. She later uploaded a post with these visuals and accused Deepak of inappropriately touching her.

The video went viral, gaining over two million views across various platforms such as Instagram and Facebook. It triggered online harassment and public shaming of Deepak. On January 18, he was found dead at his residence. It is alleged that the public humiliation triggered by Musthafa's video led him to take his own life.

Following his death, there was widespread backlash against Musthafa with many accusing her of trying to garner online attention and viewership, and also alleging that the video did not show any misbehaviour on Deepak's part.

Later, Deepak's mother filed a complaint alleging that the accusations made by Musthafa in her video were false and were made only to gain popularity on social media.

Based on that complaint, the police registered a case against Musthafa and booked her for abetment of suicide under Section 108 and for intentional insult with intent to provoke breach of peace under Section 352 of the Bharatiya Nyaya Sanhita, 2023 (BNS), along with Section 120(o) of the Kerala Police Act, which deals with nuisance and violation of public order.

She was arrested by the police on January 21 and remanded to judicial custody.

Earlier, the Judicial First Class Magistrate Court in Kunnamangalam rejected her bail plea in the matter, after which she approached the sessions court.

The State opposed the bail plea, contending that she has not cooperated with the police during earlier custodial interrogation.

However, the sessions court noted that police custody had already been granted for one day earlier on February 5 and that no further application for police custody was filed thereafter.

It noted that non-corporation was not specifically recorded in the reports placed before the court.

The sessions court further observed that the investigation had progressed considerably, where statements of material witnesses had been recorded. Musthafa's mobile phone had also been seized and sent for forensic examination.

The sessions court concluded that she cannot be kept in judicial custody indefinitely while the forensic report was awaited.

Therefore, it proceeded to grant Musthafa bail with strict conditions.

She has been directed to appear before the investigating officer on every second and fourth Friday between 10 AM and 11 AM.

She has also been warned against influencing witnesses, among other conditions.

Advocates PV Hari and Sushama M appeared for Musthafa.

On a related note, a petition by the President of the All Kerala Men's Association seeking a crime branch or CBI probe into the case, is pending before the Kerala High Court.