ABDUL HALIM Vs. STATE

JUDGEMENT

(1.) This petition is filed for granting bail. On 03.03.2006 at about 12.30 P.M., the Station House Officer of a Police Station received telephonic information that two bombs were placed in the KSRTC bus stand and moffusil bus Stand. He, along with the police party rushed the spot and on reaching there, both the bombs exploded within a gap of 30 minutes. Therefore, two crimes were registered at the police station in respect of the two explosions and investigation was conducted.

(2.) The investigation was handed over to the CBCID SIG III and the case was reregistered under Sections 120B, 124(A) 153(A) read with Section 34 of the Indian Penal Code and Sections 4 and 5 of the Explosives Substances Act. Offences under sections 15(a) and 15(a)(ii) of under Unlawful Activities (Prevention) Act ('the Act', or 'the Special Act' for short) were also included. The National Investigation Agency ('NIA', for short) is conducting investigation into the crimes, as per the orders of Ministry of Home Affairs, Government of India. Petitioner is the third accused in both the crimes.

(3.) Learned counsel for petitioner, Sri. S. Rajeev submitted that investigation is not yet completed and the charge sheet is also not laid. Petitioner was arrested on 22.07.2009 and, in this case, he is in custody for the past 359 days. The petitioner is, thus, in custody for more than 90 days and he is entitled for bail on default, under Section 167(2) of the Code of Criminal Procedure ("the Code", for short) read with Section 43 D (2) of the Act, it is argued.