Aboobaker Siddik vs State of Kerala

Type Court Judgment Court Kerala Decided Feb 04, 2022

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Citation: sooperkanoon.com/1442239
Court: Kerala High Court
Judge: Honourable Mr. Justice Gopinath P.
Decided On: Feb 04, 2022
Case Number: Bail Appl./307/2022

Parties & Advocates

Appellant / Petitioner

Aboobaker Siddik

Respondent

State of Kerala

Excerpt

.....and accused nos.9 to 13 died owing to the said accident.3. the learned counsel for the petitioner points out that the petitioner isabsolutely innocent in the matter. it is submitted that the petitioner has been roped in only on account of the fact that he was part of a whatsapp group, in which the other accused were also members. it is submitted that the petitioner has been in custody from 05-01.2021. it is submitted that this court had granted bail to theb.a. no.307/2022 -3- accused no.57 by order dated 22.12.2021 in bail application no.9105 of 2021. it is submitted that the role ascribed to the petitioner herein is no different from the role ascribed to the aforesaid accused no.57.4. i have heard the learned public prosecutor also. the learned publicprosecutor has explained the details of the crime alleged to have been committed by the petitioner along with the other accused. it is submitted that the petitioner was a part of a smuggling syndicate, which tried to steal smuggled gold from the other accused in the case. it is submitted that the petitioner deserves no leniency and is not entitled to bail.5. having regard to the facts and circumstances of the case andconsidering the fact that several of the accused have been released on bail by this court and by the sessions court and the role ascribed to the petitioner is no different from the role ascribed to the petitioners in those cases, i am of the view that the petitioner can be granted bail subject to conditions identical to those imposed while granting bail to accused no.57 in bail application no.9105 of 2021.6. in the result, this bail application is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:(i) the petitioner shall be released on bail on executing a bond for a sumof rs. 5,00,000 /- (rupees five lakhs only) with two solvent sureties for the like sum to the satisfaction of the court having jurisdiction. one surety shall be a close.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 4TH DAY OF FEBRUARY 2022 / 15TH MAGHA, 1943 BAIL APPL. NO. 307 OF 2022 CRIME NO.175/2021 OF KARIPUR POLICE STATION, Malappuram PETITIONER/ACCUSED: ABOOBAKER SIDDIK AGED 30 YEARS MOOLAKKADAN HOUSE, THACHAMPOYIL PO, EARPONA, THAMARASSERI, KOZHIKODE, PIN - 673573 BY ADVS. T.K.AJITH KUMAR AISWARYA RAMESAN RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 BY ADV RENJITH T.R., SR.PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A. No.307/2022 -2-

ORDER

The petitioner herein is the 64th accused in Crime No.175/2021 of Karippur Police Station, Mallapuram District, alleging commission of offences under Sections 399, 402, 120B, 216A and 212 of the Indian Penal Code.

2. The allegation against the petitioner is that on 21-06-2021, at around

02.30AM, the petitioner along with the other accused in the case, who were stated to number 64, came to the Karippur Airport at Calicut for the purpose of committing dacoity and taking away some gold, which was being brought by one Mohammed Shafeeq. It is alleged that the aforesaid Shafeeq had tried to smuggle in a large quantity of gold and was intercepted by the Customs Department. One associate of the aforesaid Shafeeq was waiting outside the Airport for receiving him. On realizing that the aforesaid Mohammed Shafeeq had been apprehended by the Customs Department, his associate, who is the 2 nd accused in the case, is stated to have left the place. These large number of persons, who had come to the airport with an intention to commit dacoity and to steal the gold from Mohammed Shafeeq and his associate, chased his associate using several cars and a tipper lorry. It is alleged that one of the cars met with a serious accident and accused Nos.9 to 13 died owing to the said accident.

3. The learned counsel for the petitioner points out that the petitioner is

absolutely innocent in the matter. It is submitted that the petitioner has been roped in only on account of the fact that he was part of a whatsapp group, in which the other accused were also members. It is submitted that the petitioner has been in custody from 05-01.2021. It is submitted that this Court had granted bail to the

B.A. No.307/2022 -3- accused No.57 by order dated 22.12.2021 in Bail Application No.9105 of 2021. It is submitted that the role ascribed to the petitioner herein is no different from the role ascribed to the aforesaid accused No.57.

4. I have heard the learned Public Prosecutor also. The learned Public

Prosecutor has explained the details of the crime alleged to have been committed by the petitioner along with the other accused. It is submitted that the petitioner was a part of a smuggling syndicate, which tried to steal smuggled gold from the other accused in the case. It is submitted that the petitioner deserves no leniency and is not entitled to bail.

5. Having regard to the facts and circumstances of the case and

considering the fact that several of the accused have been released on bail by this Court and by the Sessions Court and the role ascribed to the petitioner is no different from the role ascribed to the petitioners in those cases, I am of the view that the petitioner can be granted bail subject to conditions identical to those imposed while granting bail to accused No.57 in Bail Application No.9105 of 2021.

6. In the result, this bail application is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:

(i) The petitioner shall be released on bail on executing a bond for a sum

of Rs. 5,00,000 /- (Rupees five lakhs only) with two solvent sureties for the like sum to the satisfaction of the court having jurisdiction. One surety shall be a close relative.

(ii) The petitioner shall appear before the investigating officer on every Monday for a period of two months between 11.a.m and 12 noon, till filing of the B.A. No.307/2022 -4- charge sheet.

(iii) The petitioner shall not enter into Kannur district for a period of 2 months or till filing of the final report; whichever is earlier.

(iv) The petitioner shall surrender his original passport before the court concerned. If he is not having a passport, he shall file an affidavit regarding the same before the jurisdictional court, within a week of his release on bail.

(v) The petitioner 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(vi) The petitioner shall not commit any offence while on bail.

(vii) The petitioner shall not leave the State of Kerala without the prior permission of the jurisdictional court. If any of the aforesaid conditions are violated, the Investigating officer in Crime No.175/2021 of Karippur Police Station may file an application before the jurisdictional Court for cancellation of bail. Sd/- GOPINATH P. JUDGE AMG

Same Court & Year Kerala · 2022 Same Parties Aboobaker Siddik vs State of Kerala Same Judge Honourable Mr. Justice Gopinath P.