Sidheeque vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Mar 20, 2024

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Citation: sooperkanoon.com/1314958
Court: Kerala Orders High Court
Judge: Honourable Mrs. Justice Sophy Thomas
Decided On: Mar 20, 2024
Case Number: Bail Appl./1981/2024

Parties & Advocates

Appellant / Petitioner

Sidheeque

Respondent

State of Kerala

Excerpt

.....2nd accused in crime no. 58 of 2024 of melparamba police station, kasaragod, registered under sections 363a, 384, 389, 342, 323, 506 r/w 34 of ipc.2. the prosecution allegation is that, on 25.01.2024, the 3rdaccused, who got acquainted with the de facto complainant under the guise of purchasing a laptop, took him to mangalore, and they stayed in a hotel room, and she took his nude photographs. when they came back from mangalore, other accused persons ..3.. demanded money from the de facto complainant, showing his nude photos alleging that he had committed rape on the 3 rd accused. they received rs.5,00,000/- from the de facto complainant, and again they threatened the de facto complainant, demanding more money.3. heard learned counsel for the petitioner and learned public prosecutor.4. learned public prosecutor vehemently opposed the bailapplication, stating that, it was a case of honey trap arranged by the 3rd accused, and her husband (a4), conspiring with other accused persons, to extract money from the de facto complainant. initially, crime was registered against accused persons, eight in number, under sections 363a, 384, 389, 342, 323, 506 r/w 34 of ipc. during investigation, it was found that an offences under section 364a, and 120b of ipc were also committed by the accused and those sections were also added, after deleting section 363a and section 34 of ipc. investigation is only at the initial stage. if the petitioner is released on bail, there is every ..4..chance to influence or intimidate the witnesses, and it may affect the smooth progress of the investigation.5. learned counsel for the petitioner would submit that thepetitioner is the 2nd accused, and the only allegation against him is that, he was present along with the 1st accused when they came to collect money from the de facto complainant. no other overt acts are alleged against him, to show that he was part of the conspiracy. he is in judicial custody from 31.01.2024. he is ready to abide by any.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE SOPHY THOMAS WEDNESDAY, THE 20TH DAY OF MARCH 2024 / 30TH PHALGUNA, 1945 BAIL APPL. NO. 1981 OF 2024 CRIME NO.58/2024 OF MELPARAMBA POLICE STATION, Kasargod PETITIONER/S: SIDHEEQUE AGED 45 YEARS S/O. NASAR, R/AT. KOLATHINGAL HOUSE, KOLATHINGAL, SHIRIBAGILU VILLAGE, KASARAGOD TALUK AND DISTRICT, PIN - 671124 BY ADV P.RAKESH THAMBAN RESPONDENT/S: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - OTHER PRESENT: PP-SRI.PRASANTH M.P THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2..
SOPHY THOMAS, J.
===================== ========================

ORDER

Dated this the 20th day of March, 2024 This is an application for regular bail under Section 439 of the Code of Criminal Procedure, 1973 filed by the 2nd accused in Crime No. 58 of 2024 of Melparamba Police Station, Kasaragod, registered under Sections 363A, 384, 389, 342, 323, 506 r/w 34 of IPC.

2. The prosecution allegation is that, on 25.01.2024, the 3rd

accused, who got acquainted with the de facto complainant under the guise of purchasing a laptop, took him to Mangalore, and they stayed in a hotel room, and she took his nude photographs. When they came back from Mangalore, other accused persons ..3.. demanded money from the de facto complainant, showing his nude photos alleging that he had committed rape on the 3 rd accused. They received Rs.5,00,000/- from the de facto complainant, and again they threatened the de facto complainant, demanding more money.

3. Heard learned counsel for the petitioner and learned Public Prosecutor.

4. Learned Public Prosecutor vehemently opposed the bail

application, stating that, it was a case of honey trap arranged by the 3rd accused, and her husband (A4), conspiring with other accused persons, to extract money from the de facto complainant. Initially, crime was registered against accused persons, eight in number, under Sections 363A, 384, 389, 342, 323, 506 r/w 34 of IPC. During investigation, it was found that an offences under Section 364A, and 120B of IPC were also committed by the accused and those sections were also added, after deleting Section 363A and Section 34 of IPC. Investigation is only at the initial stage. If the petitioner is released on bail, there is every ..4..

chance to influence or intimidate the witnesses, and it may affect the smooth progress of the investigation.

5. Learned counsel for the petitioner would submit that the

petitioner is the 2nd accused, and the only allegation against him is that, he was present along with the 1st accused when they came to collect money from the de facto complainant. No other overt acts are alleged against him, to show that he was part of the conspiracy. He is in judicial custody from 31.01.2024. He is ready to abide by any conditions imposed by this Court.

6. On going through the facts and circumstances narrated by

the prosecution, it could be seen that the allegations are grave in nature. Investigation is only at the initial stage. So this Court is not inclined to release the petitioner on bail at this stage. Hence, this bail application is dismissed. Sd/- SOPHY THOMAS JUDGE RMV

Same Court & Year Kerala Orders · 2024 Same Parties Sidheeque vs State of Kerala Same Judge Honourable Mrs. Justice Sophy Thomas