UNION OF INDIA Vs. MUBARAK @ MUHAMMED MUBARAK

JUDGEMENT

(1.) Leave granted.

(2.) The instant appeal has been filed against the judgment dated 12th September, 2018 passed by the High Court of Judicature at Madras granting bail in default to the accused/respondent after setting aside order of the Special Court (under National Investigation Agency Act, 2008), Chennai dated 22nd March, 2018 holding that the remand of the accused/respondent by the Special Court for a further period of 90 days was not in compliance to the mandate of Section 43D(2)(b) of Unlawful Activities(Prevention) Act, 1967(hereinafter being referred to as "UAP Act, 1967").

(3.) The facts giving rise to this appeal insofar as they are relevant for disposal are that a case was initially registered at Police Station Thudialur in Cr. No. 735/2016 on the written complaint of one Dhanapal, brother of the deceased (Sasikumar) who was a spokesperson of Hindu Front at Coimbatore, was brutally hacked to death by a gang of unknown persons on 22 nd September, 2016 at about 2315 hrs. Due to the above murder, violence broke out in Coimbatore when the body of the deceased was taken for cremation. As the violence spread out to neighbouring directions of Tirupur, viz., Nilgiris and Erode, about 237 cases came to be registered in respect of the incidence of stone pelting, hurling of petrol bomb on Mosque, setting fire to shops, attack on police vehicles and buses, attack on shops belonging to different sect of the society. For days together, the harmony, public peace and tranquility got affected. DGP, Tamil Nadu, considering the gravity of the offence transferred the case to (Special Investigation Division) CB CID, Coimbatore on 27th September, 2016. During the course of investigation, an alteration report was filed by SID CB CID to invoke Section 120B and Section 153A IPC and Section 16 and 18 of UAP Act, 1967.