SHAMMI FIROZ Vs. NATIONAL INVESTIGATION AGENCY

JUDGEMENT

(1.) In these petitions filed under Section 482 Code of Criminal Procedure the common Petitioner who is the common 7th accused in Crime Nos. 5 and 6 of 2009 of the National Investigation Agency, New Delhi (formerly Crime Nos. 80 and 81 of 2006 of Kasaba and Nadakkavu Police Stations, Kozhikode) for offences punishable under Section 120 B, 153 A and 324 read with Section 34 I.P.C. and Section 16(1)(b), 18 and 23 of the Unlawful Activities (Prevention) Act, 1967 and Section 3 of the Explosive Substances Act, 1908, seeks his enlargement on bail.

(2.) The case of the prosecution is that infuriated by the attitude of the Executive and the Judiciary in not granting bail to the Muslim accused persons involved in the Marad Case, the accused persons (9 in number) hatched a criminal conspiracy to make, plant and explode bombs in the K.S.R.T.C. bus stand and Moffusil bus stand in Kozhikode City. The specific allegation as against the Petitioner is that he made telephone calls to the Kozhikode Collectorate and office of the Calicut Times daily intimating the planting of bombs.

(3.) The Investigation of the case from the local police was transferred to the CB CID SIG - III on 13.6.2006. Subsequently in the year 2009 the National Investigation Agency was entrusted with the investigation of the above crime by the Government of India.