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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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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BECHU KURIAN THOMAS, J.
......................................................
B.A. No.8528 of 2025
...................................................
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
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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
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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
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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.
