Siddique vs State Of Kerala

Court: Supreme Court
Case type: Criminal Appeal
Decided on: 19-11-2024

<pre> REPORTABLE 
 
 
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
 
 
2024 INSC 877
CRIMINAL APPEAL NO.4625 OF 2024
(Arising out of SLP(Criminal) No.13463 of 2024)
 
 
SIDDIQUE ...APPELLANT(s)

 
 
VERSUS
 
STATE OF KERALA & ANR. ...RESPONDENT(S)
 
 
J U D G M E N T 
 
1. Leave granted. 
2. The present appeal is directed against the judgment 
and order dated 24.09.2024, passed by the High Court 
of Kerala at Ernakulam in Bail Application No.7331 
of 2024, rejecting the said application filed by the 
appellant – accused seeking anticipatory bail under 
Section 438 of the Cr.P.C. in connection with the 
F.I.R. being Crime No.1192 of 2024 dated 27.08.2024 
registered at Police Station Museum, District 
Thiruvananthapuram City, for the offence under 
Sections 376 and 506 IPC. 
Signature Not Verified
Digitally signed by
RAVI ARORA
Date: 2024.11.20
17:03:40 IST
Reason:
3. Heard learned senior counsel/counsel for the parties 
at length. 
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4. Having regard to the submissions made by the learned 
senior counsels for the parties and perusing the 
documents on record including the pleadings, we deem 
it appropriate not to assign elaborate reasons, 
particularly considering the sensitivity of the 
case. However, considering the fact that the 
complainant had lodged the complaint almost eight 
years after the alleged incident, which had taken 
place in 2016 and the fact that she had also posted 
the post on facebook somewhere in 2018, making 
allegations against about 14 people, including the 
appellant with regard to the alleged sexual abuse, 
as also the fact that she had not gone to the 
Justice Hema Committee constituted by the High Court 
of Kerala for ventilating her grievance, we are 
inclined to accept the present appeal, subject to 
certain conditions mentioned hereinafter. 
5. In that view of the matter, it is directed that in 
the event of arrest of appellant in connection with 
the F.I.R. being Crime No.1192 of 2024 dated 
27.08.2024 registered at Police Station Museum, 
District Thiruvananthapuram City, for the offence 
under Sections 376 and 506 IPC, he shall be released 
on bail, subject to the conditions that may be 
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imposed by the Trial Court, including the condition 
that the appellant shall deposit the passport before 
the Trial Court and shall cooperate with the 
Investigating Officer in carrying out the 
investigation. 
6. It is needless to say that any breach of the 
conditions that may be imposed by the Trial Court 
for releasing him on bail, shall entail cancellation 
of the bail. 
7. Subject to the afore-stated, the present appeal 
stands allowed. 
8. Pending application(s), if any, shall stand disposed 
of. 

......................J.
 (BELA M. TRIVEDI)
 
 
 
......................J.
 (SATISH CHANDRA SHARMA)
 
NEW DELHI;
TH 
19 NOVEMBER, 2024. 
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