High CourtDivision BenchAppeal allowed

Siddique v. State of Kerala & Anr.

Case / Petition Number:Criminal Appeal No. 4625 of 2024
Neutral Citation:[2024] 11 S.C.R. 822

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

Section 438 of the Code of Criminal Procedure, 1973IPC Sections 376, 506

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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Extracted Judgment Text

Exact text extracted from official judgment records.

## [2024] 11 S.C.R. 822 : 2024 INSC 877 ## **Siddique** ## **v.** ## **State of Kerala & Anr.** (Criminal Appeal No. 4625 of 2024) 19 November 2024 ## **[Bela M. Trivedi and Satish Chandra Sharma, JJ.]** ## **Issue for Consideration** Whether the appellant is entitled to anticipatory bail. ## **Headnotes[†]** ## **Code of Criminal Procedure, 1973 – s.438 – FIR against the appellant u/ss.376, 506, IPC – Application seeking anticipatory bail rejected by High Court – Challenge to:** **Held:** Complainant lodged the complaint almost after eight years the alleged incident which had taken place in 2016 – Further, though she had also posted a post on facebook in 2018 making allegations against about 14 people, including the appellant with regard to the alleged sexual abuse, however, she did not go to the Justice Hema Committee constituted by the High Court of Kerala for ventilating her grievance – Appellant granted anticipatory bail – To be released on bail, if arrested, subject to the conditions imposed by the Trial Court, if any. [Paras 4, 5] ## **List of Acts** Code of Criminal Procedure, 1973; Penal Code, 1860. ## **List of Keywords** Anticipatory bail; Conditions imposed; Complaint lodged after eight years; Post on facebook; Alleged sexual abuse; Sensitive case/ sensitivity of the case. ## **Case Arising From** CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 4625 of 2024 From the Judgment and Order dated 24.09.2024 of the High Court of Kerala at Ernakulam in BA No. 7331 of 2024 [2024] 11 S.C.R.  823 ## **Siddique v. State of Kerala & Anr.** ## **Appearances for Parties** Mukul Rohatgi, Siddharth Aggarwal, Sr. Advs., Ms. Ranjeeta Rohatgi, Advs. for the Appellant. Mrs. Aishwarya Bhati, A.S.G., Renjith Kumar, Sr. Adv., Nishad L.S., Ajeesh Kalathil Gopi, Nishe Rajen Shonker, Ms. Vrinda Grover, Ms. Devika Tulsiani, Aakarsh Kamra, Advs. for the Respondents. ## **Judgment / Order of the Supreme Court** ## **Judgment** 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. 3. Heard learned senior counsel/counsel for the parties at length. 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 [2024] 11 S.C.R. 824 ## **Digital Supreme Court Reports** Thiruvananthapuram City, for the offence under Sections 376 and 506 IPC, he shall be released on bail, subject to the conditions that may be 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. _Result of the case:_ Appeal allowed. - _†Headnotes prepared by:_ Divya Pandey