Siddique Kappan Approaches Supreme Court Seeking Relaxation Of Bail Conditions

The Supreme Court is set to hear a plea by Kerala journalist Siddique Kappan, who was granted bail after two years of incarceration in connection with the Hathras Conspiracy case, for the relaxation of bail conditions.

He has sought the relaxation of the bail condition that he shall record his presence at the police station in Uttar Pradesh every Monday.

On September 9, 2022, the Supreme Court former Chief Justice of India U.U. Lalit and Justice S. Ravindra Bhat granted bail to Kappan while allowing an appeal against the order of Allahabad High Court denying him bail.

Kappan has been in custody since October 6, 2020 under Sections 17/18 of UAPA, Sections 120B, 153A/295A IPC, 65/72 IT Act for alleged conspiracy to incite riots following the gangrape-murder of a Dalit minor girl in Hathras where he had gone to report.

The following bail conditions were imposed on Kappan by the Supreme Court:

1. The appellant shall be taken to the trial court within 3 days and shall be released on bail on conditions as deemed fit by the trial court.

2. It shall be the condition of bail that the appellant shall stay within the jurisdiction of Jangpura in Delhi.

3. The appellant shall not leave the jurisdiction of Delhi without the express permission of trial court.

4. The appellant shall record his presence in local police station every Monday. This condition shall apply for first 6 weeks. After 6 weeks, the appellant shall be at liberty to go to Kerala but shall report to the local police station in similar fashion, that is every Monday, and mark his presence in the register kept on that behalf.

5. The appellant shall either in person or through lawyer shall attend the trial court on every single day.

6. The appellant shall deposit his passport with the investigative machinery. The appellant shall not misuse the liberty and shall not get in touch with any of the person connected with the controversy.

The court also noted that–

"Mr.Sibal points out that proceedings under PMLA have also been initiated against the appellant in connection with the appellant may be required to attend the proceedings to apply for bail. The conditions as stated above shall stand relaxed to the extent the appellant is required to avail the relief of bail."

In December 2022, the Allahabad High Court granted bail to Kappan in the PMLA case and he walked out of jail in February 2023.

A bench of Justices P.S. Narasimha and R. Mahadevan will hear Kappan on a plea regarding the relaxation of bail conditions after two weeks. Meanwhile, the Counsel for the State of Uttar Pradesh has been asked to seek instructions on the case.

Case Details: SIDHIQUE KAPPAN v. STATE OF UTTAR PRADESH MA 1929/2024 in Crl.A. No. 1534/2022