Kerala High Court
Siyad vs State Of Kerala on 16 July, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NO. 8528 OF 2025
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2025:KER:52550
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 16TH DAY OF JULY 2025 / 25TH ASHADHA, 1947
BAIL APPL. NO. 8528 OF 2025
CRIME NO.449/2025 OF THRIKKAKARA POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED IN CMP NO.321 OF 2025
OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KAKKANAD.
PETITIONER(S)/ACCUSED:
SIYAD
AGED 28 YEARS
S/O SIDDIQUE, PARAKOOTHVALAPPIL (H),
KOTHACHIRA PO, PERINGODE, PALAKKAD,
PIN - 679535.
BY ADVS.
SHRI.K C MOHAMED RASHID
SHRI.P.V.ANOOP
SRI.PHIJO PRADEESH PHILIP
SHRI.ABIN BENNY
SHRI.DENNISE JACOB SAVY
RESPONDENT(S)/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031.
2 THE STATION HOUSE OFFICER
THRIKKAKKARA POLICE STATION,
THRIKKAKKARA, ERNAKULAM DISTRICT,
PIN - 682030.
BY SMT. SREEJA V, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.07.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 8528 OF 2025
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2025:KER:52550
BECHU KURIAN THOMAS, J.
......................................................
B.A. No.8528 of 2025
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Dated this the 16th day of July, 2025
ORDER
This bail application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the sole accused in Crime No.449/2025 of Thrikkakara Police Station, Ernakulam District; registered for the offences punishable under Sections 115(2), 74, 78, 351(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 120(o) of the Kerala Police Act, 2011.
3. The prosecution case is that, the accused stalked the defacto complainant, outraged her modesty and criminally intimidated her by threatening to kill her and pour acid on her and thereby committed the offences alleged. Petitioner was arrested on 29.06.2025 and he has been in custody since then.
4. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that the prosecution allegations are false and that since petitioner has been in custody from 29.06.2025, he ought to be released on bail.
6. The learned Public Prosecutor opposed the bail application and submitted BAIL APPL. NO. 8528 OF 2025 3 2025:KER:52550 that, the allegations are serious in nature, and therefore, petitioner ought not to be released on bail.
7. Petitioner is alleged to have stalked the defacto complainant and outraged her modesty. It was also alleged that petitioner had threatened to pour acid on the defacto complainant, since she had refused to marry him. Though the allegations are serious, considering its nature, I am of the view that further custody of the petitioner is not required. However, strict conditions has to be imposed considering the intimidation made by the accused and also the fear that has caused to the defacto complainant.
8. Bearing in mind the nature of allegations and considering the period of detention already undergone, I am of the view that further detention of the petitioner is not necessary. Therefore, the petitioner is entitled to be released on bail.
9. In the result, this application is allowed on the following conditions:-
(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.
(b) Petitioner shall appear before the Investigating Officer as and when required.
(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.
(d) Petitioner shall not interact with the defacto complainant either directly or indirectly or by any means of communication including BAIL APPL. NO. 8528 OF 2025 4 2025:KER:52550 through social media.
(e) Petitioner shall not enter into the establishment run by the victim or the place where she resides.
(f) Petitioner shall not commit any similar offences while he is on bail.
(g) Petitioner shall not leave India without the permission of the Court having jurisdiction.
In case of violation of any of the above conditions, or if any modification or deletion of the conditions are required, the jurisdictional Court shall be empowered to consider such applications, if any, and pass appropriate orders in accordance with law, notwithstanding the bail having been granted by this Court.
sd/-
BECHU KURIAN THOMAS JUDGE AMV/16/07/2025 BAIL APPL. NO. 8528 OF 2025 5 2025:KER:52550 APPENDIX OF BAIL APPL. 8528/2025 PETITIONER ANNEXURES ANNEXURE A TRUE COPY OF THE REMAND REPORT DATED 30.06.2025 FILED BY THE 2ND RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KAKKANAD.
ANNEXURE B TRUE COPY OF THE ORDER DATED 03.07.2025 PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KAKKANAD, IN CMP NO. 3021 OF 2025.