SIDHEEK AL AKBAR v. STATE OF KERALA and The Station House Officer, Thiruvalla Police Station

``` 2025:KER:30631 ``` **==> picture [58 x 58] intentionally omitted <==** ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN ``` ``` TUESDAY, THE 8[TH] DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 ``` ## **`BAIL APPL. NO. 3941 OF 2025`** ``` CRIME NO.2027/2022 OF Thiruvalla Police Station, ``` ## **`Pathanamthitta`** ``` AGAINST THE ORDER/JUDGMENT DATED IN Bail Appl. NO.10435 ``` ``` OF 2022 OF HIGH COURT OF KERALA ``` ## **`PETITIONER/S:`** ``` SIDHEEK AL AKBAR AGED 56 YEARS S/O.ABDUL HAKKIM, NELLITHANATH HOUSE, VARIKKODE P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN - 689103 ``` ## **`BY ADV BABU S. NAIR`** ## **`RESPONDENT/S:`** - **`1 THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031`** - **`2 THE STATION HOUSE OFFICER THIRUVALLA POLICE STATION PATHANAMTHITTA DISTRICT, PIN - 689101`** ## **`SR PP-HRITHWIK C S`** ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` BAIL APPL. NO.3941 OF 2025 ``` **==> picture [58 x 58] intentionally omitted <==** ``` 2025:KER:30631 ``` `2` **P.V.KUNHIKRISHNAN, J -------------------------------B.A.No.3941 of 2025 ------------------------------Dated this the 08[th] day of April, 2025** ## **O R D E R** This Bail Application is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS). 2. Petitioner is an accused in Crime No. 2027/2022 of Thiruvalla Police Station. The above case is registered against the petitioner alleging offences punishable under Sections 465, 468, 471 & 420 r/w Section 34 of the Indian Penal Code. 3. The above case is registered based on a complaint lodged by the wife of the petitioner on the allegation that the petitioner committed forgery and cheating. It is alleged that the petitioner transferred the registration of three vehicles without the knowledge of the defacto complainant. 4. Heard counsel for the petitioner, Public Prosecutor and the counsel appearing for the defacto ``` 2025:KER:30631 ``` ``` BAIL APPL. NO.3941 OF 2025 ``` ``` 3 ``` **==> picture [58 x 58] intentionally omitted <==** complainant. 5. When this bail application came up for consideration on 27.03.2025, this Court passed the following order: " After hearing the counsel for the petitioner, the learned counsel appearing for the defacto complainant and also the Public Prosecutor, I think the petitioner can be directed to surrender before the investigating officer, after he landed in India. The petitioner shall surrender his passport also before the investigating officer. The petitioner shall appear before the investigating officer on 05.04.2025. The investigating officer can interrogate the petitioner. After interrogation, the investigating officer will submit a report before this Court whether further custodial interrogation is necessary. The petitioner shall not be arrested till the next posting date. Look Out Circular (LOC) if any, shall be kept in abeyance till further orders from this Court. Post on 08.04.2025." 6. Today, when the matter came up for consideration, the Public Prosecutor submitted that the petitioner appeared and co-operated with the investigation. If that is the case, the petitioner can be directed to appear before the Investigating Officer once again to complete the **==> picture [58 x 58] intentionally omitted <==** ``` 2025:KER:30631 ``` ``` BAIL APPL. NO.3941 OF 2025 ``` `4` procedure. After interrogation, if arrest is recorded, there can be a direction to the investigating officer to release the petitioner on bail after imposing stringent conditions. It is submitted by the counsel that the petitioner is working in Kuwait. If that is the case, the petitioner can file appropriate application before the Jurisdictional Court to get back the passport. If such an application is filed, the Jurisdictional Court can pass appropriate orders in it in accordance with law. 7. Moreover, it is a well accepted principle that the bail is the rule and the jail is the exception. The Hon'ble Supreme Court in **Chidambaram. P v Directorate of Enforcement [2019 (16) SCALE 870],** after considering all the earlier judgments, observed that, the basic jurisprudence relating to bail remains the same inasmuch as the grant of bail is the rule and refusal is the exception so as to ensure that the accused has the opportunity of securing fair trial. 8. Recently the Apex Court in **Siddharth v State of Uttar Pradesh and Another [2021(5)KHC 353]** considered the point in detail. The relevant paragraph of the ``` 2025:KER:30631 ``` ``` BAIL APPL. NO.3941 OF 2025 ``` ``` 5 ``` **==> picture [58 x 58] intentionally omitted <==** ## above judgment is extracted hereunder. “12. We may note that personal liberty is an important aspect of our constitutional mandate. The occasion to arrest an accused during investigation arises when custodial investigation becomes necessary or it is a heinous crime or where there is a possibility of influencing the witnesses or accused may abscond. Merely because an arrest can be made because it is lawful does not mandate that arrest must be made. A distinction must be made between the existence of the power to arrest and the justification for exercise of it. (Joginder Kumar v. State of UP and Others (1994 KHC 189: (1994) 4 SCC 260: 1994 (1) KLT 919: 1994 (2) KLJ 97: AIR 1994 SC 1349: 1994 CriLJ 1981)) If arrest is made routine, it can cause incalculable harm to the reputation and self-esteem of a person. If the Investigating Officer has no reason to believe that the accused will abscond or disobey summons and has, in fact, throughout cooperated with the investigation we fail to appreciate why there should be a compulsion on the officer to arrest the accused.” ## 9. In **Manish Sisodia v. Central Bureau of** **Investigation [2023 KHC 6961]** , the Apex Court observed that even if the allegation is one of grave economic offence, it is not a rule that bail should be denied in every case. Considering the dictum laid down in the above decision and considering the facts and circumstances of this ``` 2025:KER:30631 ``` **==> picture [58 x 58] intentionally omitted <==** ``` BAIL APPL. NO.3941 OF 2025 ``` `6` case, this Bail Application is allowed with the following directions: 1. The petitioner shall appear before the Investigating Officer within two weeks from today and shall undergo interrogation. 2. After interrogation, if the Investigating Officer propose to arrest the petitioner, he shall be released on bail on executing a bond for a sum of Rs.50,000/-(Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the arresting officer concerned. 3. The petitioner shall appear before the Investigating Officer for interrogation as and when required. The petitioner shall cooperate with the investigation and shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade **==> picture [58 x 58] intentionally omitted <==** ``` 2025:KER:30631 ``` ``` BAIL APPL. NO.3941 OF 2025 ``` ``` 7 ``` him from disclosing such facts to the Court or to any police officer. 4. Petitioner shall not leave India without permission of the jurisdictional Court. 5. Petitioner shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. 6. Needless to mention, it would be well within the powers of the investigating officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioner even while the petitioner is on bail as laid down by the Hon'ble Supreme Court in **Sushila Aggarwal v. State (NCT of Delhi) and another** [2020 (1) KHC 663]. 7. The observations and findings in this order is only for the purpose of deciding this **==> picture [58 x 58] intentionally omitted <==** ``` 2025:KER:30631 ``` ``` BAIL APPL. NO.3941 OF 2025 ``` `8` bail application. The principle laid down by this Court in **Anzar Azeez v. State of Kerala** [2025 SCC OnLine KER 1260] is applicable in this case also. 8. If any of the above conditions are violated by the petitioner, the jurisdictional Court can cancel the bail in accordance to law, even though the bail is granted by this Court. The prosecution and the victim are at liberty to approach the jurisdictional Court to cancel the bail, if any of the above conditions are violated. **Sd/-** ## **P.V.KUNHIKRISHNAN, JUDGE** SSG