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Kerala

Siddique Kappan Gets Bail, But Not Allowed To Return Home Until 6 Weeks

After six weeks, the appellant shall be at liberty to go to Kerala but shall report to the local police station every Monday and mark his presence in the register kept on that behalf.  

Siddique Kappan bail
In this Oct 7, 202o file photo, police produce journalist Siddique Kappan (left) and three others to a court in Mathura. (PTI Photo)

Siddique Kappan, a journalist from Kerala, was granted bail after almost two years behind bars. The Supreme Court decision for bail came with a host of conditions, including that he would stay within the jurisdiction of Jangpura in Delhi. The case against Kappan was lodged by the Uttar Pradesh Police, with allegations of conspiracy to incite communal riots during the Hathras rape incident. He was also subsequently booked under the stringent Unlawful Activities Prevention Act (UAPA).  

The Chief Justice of India read out the order granting bail, which included condition that the appellant will not leave the jurisdiction of Jangpura without the express permission of the trial court, the Live Law reported.

It does not end there. Further, the appellant shall record his presence in local police station every Monday. This shall apply for the first six weeks. After six weeks, the appellant shall be at liberty to go to Kerala but shall report to the local police station every Monday and mark his presence in the register kept on that behalf.  

The appellant shall either in person or through lawyer attend the trial court every single day. The appellant would also deposit his passport with the investigative machinery. He should not get in touch with any of the persons connected with the controversy. It added that Kapil Sibal, points out that proceedings under PMLA have also been initiated against the appellant in connection with the appellant may be required to attend proceedings to apply for bail. The condition as stated above shall stand relaxed to the extent the appellant is required to avail of the relief of bail.   

There are others too, who upon a long-awaited bail, receive many conditions as a prerequisite. In Aryan Khans bail by the Bombay High Court, along with his friend Arbaaz Merchant and model Munmun Dhamecha several conditions were put in place. The bail had come almost a months after their arrest on a case filed by the Narcotics Control Bureau (NCB) following a raid on a cruise liner. 

The bail conditions were a bail bond of Rs 1 lakh with one more sureties. They would have to come to the NCB office in Mumbai every Friday between 11 am to 2 pm, and would have to deposit their passports. 

The bail condition included that they would make no statement on social media, or give any statement to media on court proceedings. And make no communication with co-accused or any other person involved directly or indirectly in similar activities or make any call to any person indulging in similar activities as alleged against them. 

The list does not end there. Another condition was they would not undertake any action which is prejudicial to the proceedings before the special court (established under the NDPS Act). Furthermore, if they have to go out of Greater Mumbai, they will have to inform the investigating officer; and submit their itinerary. There were other conditions too, with the last most important one being if the three of them violate any of the terms, NCB would be entitled to straightaway apply to the special judge or court for cancellation of their bail. 

In April of last year, Rashtriya Janata Dal (RJD) president and former chief minister of Bihar, Lalu Yadav was granted bail in a case linked to the fodder scam by the Jharkhand High Court. The bail conditions included that he would not leave the country without permission, nor change his address and mobile number during the bail period. But in 2018, when the Jharkhand High Court had granted Lalu Prasad six-week provisional bail for medical treatment, the then Bihar Deputy Chief Minister Sushil Kumar Modi had demanded its cancellation saying Lalu Prasad had violated the bail’s terms and conditions.  

The conditions had then included that he would keep away from political activities. 

But not just high-profile cases, The Leaflet points to a 2020 order by the Madhya Pradesh High Court, wherein the accused was booked for committing an offence against a minor girl under the Protection of Children from Sexual Offences Act; the court granted bail subject to planting of tree saplings.  

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