Kerala High Court
Siyad.A vs State Of Kerala on 25 September, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NO. 10451 OF 2025
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2025:KER:71805
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 25TH DAY OF SEPTEMBER 2025 / 3RD ASWINA, 1947
BAIL APPL. NO. 10451 OF 2025
CRIME NO.1057/2024 OF ALATHUR POLICE STATION, PALAKKAD
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.975 OF 2024 OF FAST
TRACK SPECIAL COURT, ALATHUR
PETITIONER/ACCUSED :
SIYAD.A., AGED 33 YEARS
S/O ABOOBACKER SIDDIQUE, KAVUNGAL HOUSE,
ATHIPOTTA P.O., TARUR II VILLAGE,
ALATHUR TALUK, PALAKKAD DISTRICT
REPRESENTED BY HIS FATHER AND GUARDIAN
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 ADVS. SRI.L.RAJESH NARAYAN
SMT.KEERTHANA SARIGA T.S.
RESPONDENT/STATE & COMPLAINANT :
STATE OF KERALA
REPRESENTED BY SUB INSPECTOR OF POLICE ALATHUR POLICE
STATION, THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682 031.
SRI. PRASANTH M.P., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.09.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 10451 OF 2025
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BECHU KURIAN THOMAS, J.
......................................................
B.A. No.10451 of 2025
...................................................
Dated this the 25th day of September, 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.1057/2024 of Alathur Police
Station, Palakkad; registered for the offences punishable under
Sections 64(2)(f)(m), 65(2) and 75(1)(i)(ii)(2) of the Bharatiya Nyaya
Sanhita, 2023 apart from Section 3(a) r/w Section 4, Section 5(l)(m)
(n)(p) r/w Section 6, Section 7 r/w Section 8 and Section 9(l)(m)(n)
(p) r/w Section 10 of the Protection of Children from Sexual Offences
Act, 2012; which is now pending as S.C.No.975/2024 on the files of
the Fast Track Special Court, Alathur.
3. The prosecution case is that, petitioner had sexually abused his minor
daughter, aged 7 years; and thereby committed the offences alleged.
Petitioner was arrested on 07.10.2024 and was released on bail on
06.12.2024. One of the conditions while granting bail was that the
sureties shall take care of the petitioner since he was suffering from
mental illness.
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4. In the meantime, alleging that petitioner's father had not taken care
of him, after grant of bail, an application was filed by the prosecution to
cancel the bail as per Annexure-4 for violating the conditions of bail.
Without noticing that the persons who had stood as sureties did not
include petitioner's father, the bail granted to the petitioner was
cancelled and he was taken into custody on 03.05.2025. In this context,
it is worthwhile to mention that petitioner's father was, in the meantime,
arrested in connection with Crime No.407/2025 of Alathur Police Station
and there was no possibility of him taking care of the petitioner during
that period. However, subsequently, by an order of this Court dated
24.06.2025 in B.A.No.7289/2025, petitioner's father was granted bail in
that crime, and therefore, he is now in a position to take care of the
petitioner.
5. I have heard the learned counsel for the petitioner as well as the
learned Public Prosecutor. Though notice to the victim has been served
on 13.09.2025, there is no representation on their behalf.
6. An affidavit has been filed by the father of the petitioner stating that
he is willing to take care of the petitioner and provide him proper care,
attention and even treatment, if he is released on bail.
7. Petitioner is alleged to have committed a serious crime. However, he
was granted bail subjected to conditions. The conditions require the
sureties to take care of him and provide appropriate care. Petitioner's
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father has filed an affidavit stating that he is willing to take care of the
petitioner and provide appropriate treatment. Considering the entire
circumstances, I am of the view that further custody of the petitioner is
not warranted.
8. Accordingly, 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 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.
(d) Petitioner shall not commit any similar offences while he
is on bail.
(e) Petitioner shall not contact the victim or his family
members.
(f) Petitioner shall not leave the country without the
permission of the jurisdictional Court.
(f) Petitioner's father, by name "Abubakkar Siddique M.,
Aged 59 years, S/o.Moitheenkutty Haji, Kavungal House,
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Athipotta P.O., Tarur II Village, Alathur Taluk, Palakkad
District -678 544; who has filed an affidavit dated
22.09.2025, shall take proper care and provide appropriate
treatment to the petitioner until the conclusion of the trial.
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/25/09/2025
BAIL APPL. NO. 10451 OF 2025
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APPENDIX OF BAIL APPL. 10451/2025
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE ORDER DATED 6.12.2024 IN
CRIMINAL MISCELLANEOUS PETITION NO. 503/2024
IN SC.NO. 975/2024 IN CRIME NO. 1057/2024 OF
ALATHUR POLICE STATION OF THE HON'BLE SPECIAL
JUDGE, FAST TRACK SPECIAL COURT, ALATHUR
ANNEXURE A2 TRUE COPY OF THE RELEASE ORDER WITH BAIL
BOND, DATED 9.12.2024 IN SC.NO. 975/2024 IN
CRIME NO. 1057/2024 OF ALATHUR POLICE STATION
OF THE HON'BLE SPECIAL JUDGE, FAST TRACK
SPECIAL COURT, ALATHUR
ANNEXURE A3 TRUE COPY OF THE ORDER DATED 24.6.2025 IN B.A
ANNEXURE A4 TRUE COPY OF THE PETITION SEEKING
CANCELLATION FILED BY THE PROSECUTION DATED
23.4.2025 IN IN SC.NO. 975/2024 IN CRIME NO.
1057/2024 OF ALATHUR POLICE STATION OF THE
HON'BLE SPECIAL JUDGE, FAST TRACK SPECIAL
COURT, ALATHUR
ANNEXURE A5 TRUE COPY OF THE PROCEEDINGS OBTAINED FROM
THE E COURT WEBSITE DATED 3.5.2025
ANNEXURE A6 TRUE COPY OF THE RELEVANT PAGES OF THE FIR
NO.407/2025 DATED 17.3.2025 OF ALATHUR POLICE
STATION.
ANNEXURE A7 TRUE COPY OF THE DISCHARGE SUMMARY AND FUTURE
CARE PLAN ISSUED FROM THE INSTITUTE FOR MIND
AND BRAIN
ANNEXURE A8 TRUE COPY OF THE REPORT OF THE JUNIOR
CONSULTANT IN THE GOVERNMENT MENTAL HEALTH
CENTRE, THRISSUR DATED 29.11.2024
ANNEXURE A9 TRUE COPY OF THE ORDER DATED 17.7.2025 IN
CRL.M.A NO.1/2025 IN B.A NO.7289/2025
