M. SAMSUN KARIM RAJA Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) I have heard Sri Mohammed Tahir, learned counsel appearing on behalf of the petitioner-accused No.2 and Sri P.Prasanna Kumar, learned Special PP, who accepted the notice on behalf of the respondent.

(2.) This writ petition is filed by accused No.2 praying this Court to grant interim bail along with the police escort to travel to Madurai and attend the funeral and burial rite of his father on 27.4.2019 at about 5.00 p.m., in the interest of justice. In the writ petition it is averred that the petitioner's father expired on 26.4.2019 at about 7.00 a.m. in Government Hospital at Madurai in Tamil Nadu and he has approached the trial Court immediately after receipt of such information by filing an application for interim bail, but the same came to be rejected by the NIA Special Court by its order dated 26.4.2019 and now he approached this Court praying to grant interim bail to attend the funeral and burial rite of his father.

(3.) It is the submission of the learned Special PP that the present petition is not maintainable. In view of Section 21(4) of the National Investigating Agency Act ('NIA Act' for short), the appeal shall lie to the High Court against the order of the Special Court granting or rejecting the bail and the same should be heard and decided by the Division Bench which is having criminal roaster as per Section 21(2) of the NIA Act. He has also relied upon the decision in the case of State of Andhra Pradesh through Inspector General, National Investigation Agency v. Mohd. Hussain @ Saleem and others, reported in (2014)1 SCC 258. Therefore, he prays to dismiss the petition as not maintainable.