UNION OF INDIA Vs. K.A.NAJEEB

JUDGEMENT

(1.) Leave Granted.

(2.) The present appeal has been preferred by the Union of India through the National Investigation Agency (in short, "NIA") against an order dated 23.07.2019 of the High Court of Kerala at Ernakulam, whereby bail was granted to the respondent for an offence under Sections 143, 147, 148, 120B, 341, 427, 323, 324, 326, 506(H), 201, 202, 153A, 212, 307, 149 of the Indian Penal Code, 1860 ("IPC"), Section 3 of the Explosive Substances Act, 1908 and Sections 16, 18, 18B, 19 and 20 of the Unlawful Activities (Prevention) Act, 1967 ("UAPA").

(3.) The prosecution case in brief is that one Professor TJ Joseph while framing the Malayalam question paper for the second semester B.Com. examination at the Newman College, Thodupuzha, had included a question which was considered objectionable against a particular religion by certain sections of society. The respondent in association with other members of the Popular Front of India (PFI), decided to avenge this purported act of blasphemy. On 04.07.2010 at about 8AM, a group of people with a common object, attacked the victimprofessor while he was returning home with his mother and sister after attending Sunday mass at a local Church. Over the course of the attack, members of the PFI forcefully intercepted the victim 's car, restrained him and choppedoff his right palm with choppers, knives, and a small axe. Countrymade bombs were also hurled at bystanders to create panic and terror in their minds and to prevent them from coming to the aid of the victim. An FIR was consequently lodged against the attackers by the victimprofessor 's wife under Sections 143, 147, 148, 120B, 341, 427, 323, 324, 326, 506(H), 307, 149 of IPC; and Section 3 of Explosive Substances Act.