Kerala High Court
Siddiq vs State Of Kerala on 21 October, 2014
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
TUESDAY, THE 21ST DAY OF OCTOBER 2014/29TH ASWINA, 1936
Bail Appl..No. 7283 of 2014 ()
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CRIME NO. 1994/2014 OF ADOOR POLICE STATION, PATHANAMTHITTA DISTRICT
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PETITIONER/ACCUSED :
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SIDDIQ, AGED 45 YEARS
S/O.ABDUL AZIZ, CHARUVILA PUTHEN VEEDU
PLANTATION MUKKE, MANGADU MURI,
ENADIMANGALAM VILLAGE.
BY ADVS.SRI.D.KISHORE
SMT.MINI GOPINATH
RESPONDENT/STATE & COMPLAINANT :
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1. STATE OF KERALA,
REPRESENTED BY ITS PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. THE SUB INSPECTOR OF POLICE,
ADOOR POLICE STATION,
PATHANAMTHITTA DISTRICT-689 645.
R1 & R2 BY PUBLIC PROSECUTOR SRI. DHANESH MATHEW MANJOORAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-10-2014,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Mn
ALEXANDER THOMAS, J.
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B.A.No. 7283 of 2014
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Dated this the 21st day of October, 2014
O R D E R
The petitioner is the sole accused n crime No.1994/2014 of Adoor Police Station registered under Sections 294(b), 324, 452 and 506(ii) of IPC. The case of the prosecution is that the accused, on 18.9.2014 at about 9.30 p.m. due to personal enmity, with an intention to cause hurt to the parents of the lady defacto complainant, had trespassed into her residential building uttering obscene words and had pelted stones on the father of the defacto complainant causing injury to him and has beaten her mother and criminally intimidated the defacto complainant and thereby he has committed the above offence. The petitioner was arrested and remanded on 20.9.2014 and he has been in custodial detention for the last 31 days. Sri.D.Kishore, the learned counsel for the petitioner would submit that the petitioner is absolutely innocent of the offences and that the case has been falsely foisted on him. The application for regular bail has been refused by the Judicial First B.A.7283/14 - : 2 :-
Class Magistrate Court, Adoor, by order dated 27.9.2014 passed Crl.M.P. No.4533/2014 arising out of the aforementioned crime No.1994/2014, as evidenced, by Annexure I. The learned counsel for the petitioner would submit that the investigation is completed and no germane purpose would be served by his continued detention and that his prayer made for regular bail may be considered and granted by this Court. Sri.D.Kishore, the learned counsel for the petitioner would fairly submit that the petitioner undertakes to comply with any conditions that are deemed just and necessary by this Court.
2. The learned Public Prosecutor would fairly submit that investigation is over and that the jurisdictional Magistrate concerned by Annexure-I order had rejected the bail plea of the petitioner, mainly on the reason that the petitioner is involved as accused in five of the crimes of the same Police Station (Adoor Police Station) in crime Nos.175/07, 1088/10, 1206/10, 262/10, 920/12 and 1115/12. The prosecutor would therefore urge before this Court that in case this Court is inclined to grant regular bail to the petitioner, the same may be conditioned with strict safeguards to protect the interest of the prosecution and may also order that he may not enter B.A.7283/14 - : 3 :-
the precincts of the larger locality concerned in view of the large number of crimes, in which, he has made accused. The Prosecutor would submit that crime No.1088/2010 has been registered for offences under Sections 341, 294(b), 323 read with 34 of IPC. Crime No.1206/2010 has been registered for offences under Section 308 of IPC. Crime No.262/2011 has been registered under Sections 323 read 3(i)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. Crime No.920/2012 has been registered under Sections 452, 324, 294(b) and Section 506(II) of IPC and Crime No.1115/2012 has been registered for offences under Sections 341, 294(b), 323 and 506(ii) of IPC. The Prosecutor would also submit that all aforementioned crimes are registered in the same Police Station, viz., Adoor Police Station of Pathanamthitta district. The factual correctness of the involvement of the petitioner in the aforementioned crimes as referred to by the Prosecutor as also referred to by the jurisdictional Magistrate concerned in Annexure-1 is not disputed by Sri.D.K.Kishore, the learned counsel for the petitioner. The Prosecutor would also urge that Adoor Police Station is within the territorial limits of Adoor Taluk and fairly submitted that the petitioner has been complying B.A.7283/14 - : 4 :-
with all the conditions in the bail orders pertaining to the above crimes and, on instructions and verification with the Police authorities concerned, he would also submit that no warrant is also pending against him in Adoor Police Station. But the Prosecutor would submit that as the Adoor Police Station is within the territorial limits of Adoor Taluk, this Court may consider placing a condition that he shall not enter the precincts of the Adoor Taluk, till the conclusion of the criminal proceedings in question, so that there is an element of deterrence on the petitioner and also preventing him from having any opportunity to commit such offences within the limits of the same Police Station.
3. Having regard to the submissions of the learned counsel for the petitioner and the learned Public Prosecutor and on full appreciation of the factual matrix involved in this case, this Court is inclined to exercise discretion to grant regular bail, but conditioned by very stringent safeguards so as to ensure not only the bonafide interest of the prosecution, but also to ensure that the petitioner, who has already involved in half a dozen such cases within the same Police Station, is given sufficient deterrence and to prevent him from having any opportunity in that regard in the above locality B.A.7283/14 - : 5 :-
concerned. Accordingly, it is ordered that the petitioner shall be released on bail on his executing a bond for Rs.35,000/- (Rupees Thirty Five thousand only) with two solvent sureties each for the like amount to the satisfaction of the court below concerned and subject to the following conditions:
i. The petitioner shall surrender his passport, if any, before the court below concerned at the time of executing the bail bond and if he is not a passport holder, then he will file an affidavit to that effect in the said court. If the petitioner requires his passport for travel abroad, he is at liberty to approach the local court concerned for the release of the same and for necessary permission in that regard. In case such an application is filed, the trial court or the jurisdictional Magistrate, as the case may be, is at liberty to consider the same on merits and pass appropriate orders thereon, taking sufficient guidance from the principles laid down by this Court in the case Asok Kumar v. State of Kerala reported in 2009 (2) KLT 712, notwithstanding the above said conditions imposed by this Court.
ii. The petitioner shall report before the Investigating Officer in above said crime between 10 a.m. and 11 a.m. on every alternate Sundays.
iii. The petitioner shall not interfere with the investigation in any manner.
iv. The petitioner shall not influence the witnesses or shall not tamper or attempt to tamper the evidence in any manner whatsoever. v. The petitioner shall fully co-operate with the investigation and report before the aforementioned Investigating Officer as and when required by him.
vi. The petitioner shall not enter into or reside within the territorial limits of Adoor Taluk, Pathanamthitta District, until the conclusion of the criminal proceedings in this case, except for the purpose of compliance with other conditions of this order. However, The petitioner can enter the limits of Adoor Taluk for the purpose of his attendance in connection with any investigation or any matter relating to conduct of the criminal proceedings in any of the aforementioned pending criminal cases.
B.A.7283/14 - : 6 :-
If the petitioner violates any of the conditions as ordered above, then the bail granted to him is liable to be cancelled.
In terms of the above said directions, this Bail Application stands finally disposed of.
Sd/-
sdk+ ALEXANDER THOMAS, JUDGE
///True copy///
P.S. to Judge