Siddique v. State of Kerala & Anr.
Case Details & Bench
- Court
- High Court
- Hon'ble Judges
- Bela M. Trivedi
- Satish Chandra Sharma
- Judgment Date
- 2024-11-19
- Court Decision / Holding
- The appeal is allowed. The appellant Siddique shall be released on bail in the event of arrest in connection with FIR Crime No.1192 of 2024, registered at Police Station Museum, Thiruvananthapuram City, subject to conditions that may be imposed by the Trial Court, including depositing his passport and ensuring cooperation with the investigation. Any breach of these conditions will entail cancellation of bail.
- Final Disposition
- Appeal allowed
Parties to the Case
Appellants / Petitioners
- Siddique
Respondents
- State of Kerala
- Anr.
Legal Representation & Advocates
Counsels for Petitioners
- • Mukul Rohatgi
- • Siddharth Aggarwal
- • Ms. Ranjeeta Rohatgi
Counsels for Respondents
- • Aishwarya Bhati
- • A.S.G.
- • Renjith Kumar
- • Nishad L.S.
- • Ajeesh Kalathil Gopi
- • Nishe Rajen Shonker
- • Ms. Vrinda Grover
- • Ms. Devika Tulsiani
- • Aakarsh Kamra
Case Synopsis & Summary
This Supreme Court judgment deals with an appeal arising from a Kerala High Court order that rejected anticipatory bail under Section 438 CrPC in Crime No.1192 of 2024, registered for offences under IPC Sections 376 and 506. The appellant, Siddique, had sought anticipatory bail after an FIR was registered in Thiruvananthapuram City. The Court notes that the alleged incident occurred in 2016 and the FIR was lodged almost eight years later in 2024; the complainant also posted a Facebook message in 2018 accusing around fourteen people, including the appellant, of sexual abuse, but she did not approach the Justice Hema Committee constituted by the Kerala High Court to ventilate her grievance. In addressing the appeal, the Court observed the sensitivity of the case and the unusual delay, yet proceeded to allow the appeal, subject to conditions that may be imposed by the Trial Court. The operative order directs that, in the event of arrest, the appellant shall be released on bail with conditions, including passport deposition and cooperation with the Investigating Officer. Any breach of these conditions would entitle the prosecution to seek cancellation of bail. The decision results in the appeal being allowed, pending any further applications.
Provisions of Law Cited
Submissions & Arguments
Contentions of Appellants / Petitioners
The applicant contends for anticipatory bail under Section 438 CrPC, highlighting the eight-year delay since the alleged incident (2016) and the absence of immediate action. He points to the 2018 Facebook post alleging abuse against multiple individuals, while noting that the Justice Hema Committee was not approached to ventilate grievances. The counsel argues that bail with reasonable conditions will safeguard the investigation and the applicant’s rights, without compromising the pursuit of justice.
Contentions of Respondents
The respondents submit that the delay and the gravity of the allegations in an offence under Sections 376 and 506 IPC weigh against anticipatory bail. They contend that the complainant’s social media disclosures and the lack of reliance on the Justice Hema Committee do not diminish the seriousness or the need to preserve the integrity of the investigation, and that the Court should not lightly deprive the State of its ability to proceed with a fair inquiry.
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