MASTIGUDA ABOOBACKER Vs. NATIONAL INVESTIGATION AGENCY

JUDGEMENT

(1.) We are called upon to answer a pointed question raised by a Division Bench in the order of reference dtd. 6/8/2016 in an unnumbered Criminal Miscellaneous Case ("Crl.M.C", for short). The question is:"Whether an order by which the Special Court, constituted under the National Investigation Agency Act, 2008 ("NIA Act" for short), refused to modify or relax the condition imposed in a bail order can be challenged under Sec. 482 of the Code of Criminal Procedure, 1973 ("Code" for short)?". Subsequently, another Division Bench raised the same question in another unnumbered Crl.M.C. as per order dtd. 24/10/2016. On the orders of the Hon'ble Chief Justice, the matters are placed before us for resolution of the issue.

(2.) We heard Sri. Manu Tom Cheruvally and Sri. Shajimon T.B., learned counsel appearing for the petitioners and Sri. Suvin R. Menon, learned Central Government Standing Counsel ("CGSC" for short) and Sri. Arjun Ambalapatta, learned Special Public Prosecutor appearing for National Investigation Agency ("NIA" for short).

(3.) In order to appreciate the rival contentions, we shall take note of the bare minimum facts involved in the cases. Dismissal of Crl.M.P. No. 78 of 2016 in S.C. No. 2/2013/NIA pending before the Special Court for trial of NIA Cases, Ernakulam ("Special Court" for short) has been challenged in a Crl.M.C, which is the subject matter of the 1 reference. 4 accused was enlarged on bail with strict conditions. One of the conditions is that the sureties shall, along with basic tax receipts/solvency certificates, produce their title deeds in respect of the property for which they remitted tax. Later, 4 accused filed an application stating that his sureties needed their title deeds returned. In short, he requested the court to modify the bail order, which was turned down through the impugned order. Hence, he approached this Court by invoking Sec. 482 of the Code.