Kerala High Court
Abubakkar Siddique.M vs State Of Kerala on 24 June, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NO. 7289 OF 2025
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2025:KER:45477
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 24TH DAY OF JUNE 2025 / 3RD ASHADHA, 1947
BAIL APPL. NO. 7289 OF 2025
CRIME NO.407/2025 OF ALATHUR POLICE STATION, PALAKKAD
AGAINST THE ORDER/JUDGMENT DATED 02.05.2025 IN BAIL APPL.
NO.5315 OF 2025 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED :
ABUBAKKAR SIDDIQUE.M,
AGED 59 YEARS
S/O. MOITHEENKUTTY HAJI, KAVUNGAL HOUSE,
ATHIPOTTA P.O., TARUR II VILLAGE,
ALATHUR TALUK,
PALAKKAD DISTRICT., PIN - 678 544.
BY ADV SMT.P.M.SHAHIDA
RESPONDENT/COMPLAINANT :
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682 031.
SMT.SREEJA V., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24.06.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 7289 OF 2025
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BECHU KURIAN THOMAS, J.
......................................................
B.A. No.7289 of 2025
...................................................
Dated this the 24th day of June, 2025
ORDER
This bail application is filed under Section 483 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the accused in Crime No.407/2025 of Alathur Police Station,
Palakkad District; registered for the offences punishable under Sections
64(2)(f)(m), 75(1)(i)(2) and 351(1) of the Bharatiya Nyaya Sanhita, 2023.
3. According to the defacto complainant, petitioner, who is her
father-in-law, had, on various days between 21.04.2016 till 24.09.2024
sexually harassed her, and specifically on 24.03.2024, on 10.04.2024 and
again on 24.09.2024 repeatedly raped her in the bedroom of their house
and thereby committed the offences alleged. Petitioner was arrested on
20.03.2025 and he has been in custody since then.
4. Heard the learned counsel for the petitioner as well as the learned Public
Prosecutor.
5. Smt.P.M.Shahida, the learned counsel for the petitioner submitted that
the entire allegations of the defacto complainant are false and no such
incident as alleged had ever occurred. It was also submitted that apart
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from the allegations being unbelievable, on 10.04.2024, one of the dates
on which the petitioner is alleged to have raped the daughter-in-law; the
Muslim community was celebrating their festival called Eid. Several
persons were present in their house, and hence, the allegations are
entirely false. It was further submitted that petitioner was arrested on
20.03.2025 and he has been in custody since then, and therefore, since
the final report has already been filed; further custody is not necessary.
6. Smt.Sreeja V., the learned Public Prosecutor opposed the bail application
and submitted that, the allegations raised by the defacto complainant are
serious and the petitioner, who is her father-in-law, had exploited her
repeatedly on several occasions. It was submitted that despite
complaining to her husband, he did not react and she finally raised the
complaint when her child was also subjected to sexual assault. The
learned Public Prosecutor also pointed out that the final report has
already been filed after completing investigation, which reveals the
perverted manner in which the accused had committed the crime.
7. I have considered the rival contentions and also perused the case diary.
8. The allegations raised by the defacto complainant are serious. She
alleges that her father-in-law - the petitioner herein, had repeatedly
raped her after dragging her into the bedroom situated in the upstairs of
their house and compelled her to indulge in forcible sexual intercourse
repeatedly on the same day itself. The nature of allegations, as evident
from the statement of the defacto complainant, indicates that even
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though she had informed the incident to her husband, he was afraid to
react since the family was being sustained by the petitioner. This
apparently gave impetus to the illegal acts of the petitioner who
repeated his acts of forcible sexual relationship with his own daughter-in-
law.
9. The materials collected by the investigating agency reveal the
exploitation of an innocent victim by her own father-in-law, who finally
left her matrimonial home. Subsequently, when the defacto
complainant's minor daughter also made allegations that the petitioner
had abused her, the defacto complainant gathered the courage to raise a
complaint.
10. Though the above allegations are serious in nature, none of the
witnesses have indicated any abnormal behaviour in the relationship
between the petitioner and the defacto complainant. The complaint was
filed almost eight months after the last incident of the alleged rape.
11. Though the learned Public Prosecutor, pointed out that, the
witnesses are all relatives and there is every possibility that the
petitioner may influence them, I am of the view that appropriate
conditions can be imposed to avoid such tampering with the evidence or
influencing the witnesses. Further there is no possibility of an immediate
trial as this is a crime of 2025. Taking into consideration the above
factors as well as the period of detention already undergone by the
petitioner from 20.03.2025 onwards and the fact that the final report has
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already been filed on 05.05.2025, I am of the view that further detention
would not serve any purpose.
12. 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.1,00,000/- (Rupees One lakh only) with two solvent sureties each
for the like sum to the satisfaction of the court having jurisdiction.
(b) Petitioner shall co-operate with the trial of the case.
(c) Petitioner shall not intimidate or attempt to influence the
witnesses; nor shall he attempt to tamper with the evidence, or
interact with the victim or any of her relatives directly or indirectly,
until conclusion of the trial.
(d) Petitioner shall not commit any similar offences while he is on
bail.
(e) Petitioner shall not enter into the jurisdictional limits of Alathur
Police Station, Palakkad District; until conclusion of the trial.
(f) Petitioner shall not leave the country without the permission of
the jurisdictional Court.
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/24/06/2025
BAIL APPL. NO. 7289 OF 2025
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APPENDIX OF BAIL APPL. 7289/2025
PETITIONER ANNEXURES
ANNEXURE-1 CERTIFIED COPY OF THE ORDER DATED 28.03/2025
IN CRL.MP NO.1127/2025 IN CRIME NO.407/2025
OF ALATHUR POLICE STATION.
ANNEXURE-2 TRUE COPY OF THE ORDER DATED 02.05/2025 BY
THIS HON'BLE COURT
