MOHAMMED NAINAR Vs. STATE OF KERALA

JUDGEMENT

(1.) These appeals are preferred under Section 21 of the National Investigation Agency Act, 2008, herein after referred to as Act 34/2008. The Appellant in Crl.A. 1939 of 2010 is accused No. 12 in S.C. 1 of 2010 on the file of the Special Court for the Trial of National Investigation Agency cases (NIA Cases), Kerala, Ernakulam. The Appellants in the other appeal are accused Nos. 6 and 18. They are being prosecuted by the second Respondent for offences under Section 3 read with Section 13(2), 18 and 39 of the Unlawful Activities Prevention Act, 1967, amended by Act, 2004 and Section 120B, 121A, 124A, 465 and 471 of the Indian Penal Code. Accused No. 6 was arrested on 31.10.2008, Accused No. 12 was arrested on 25.10.2008 and Accused No. 18 was arrested on 1.11.2008. Ever since arrest, they are in custody. Accused No. 6, 12 and 18, along with other accused, preferred Crl. M.P. 947 of 2010 seeking an order to release them on bail. By the impugned order dated 18.8.2010, the above application was dismissed. Assailing the above order, these appeals were preferred.

(2.) Section 21 of the National Investigation Agency Act reads as follows:

(3.) The impugned order being one rejecting application for bail, it is appealable under Section 21(1) and 21(4). Such appeal is to be heard by a Bench of two Judges of the High Court under Section 21(2). Therefore, these appeals were posted before us.