SHAMSUDEEN Vs. STATE OF KERALA

JUDGEMENT

(1.) The aforecaptioned Crl.Appeal has been instituted by the afore bail applicant/accused, under Sec.21(4) of the National Investigation Agency (NIA) Act, 2008.

(2.) The appellant/bail applicant has been arrayed as accused No.4 in the instant Crime No.1172/2016 of Kollam West Police Station, which has been registered for offences punishable under Secs.120B, 307, 427, 324, 121 and 122 of the IPC and Sec.3(a)(iii) of the Prevention of Damage to the Public Property (PDPP) Act, 1984 and Secs.15, 16(b), 18 and 20 of the Unlawful Activities (Prevention) Act [UAPA], 1967. Altogether, there are four accused in the said crime, in which the appellant/applicant has been arrayed as A-4 therein. The Investigating Agency has completed the investigation and has filed final report in the said case on 8/9/2017, i.e., within the prescribed time limit. Thereafter, the Sessions Court concerned has taken cognizance of the offences, which has led to the pendency of Sessions Case, S.C No.1287/2017 on the file of the Principal Sessions Court, Kollam. Earlier, the applicant was remanded to judicial custody, in relation to his involvement in the instant crime, and his plea for regular bail under Sec.439 of the Cr.P.C, has been rejected as per the impugned Annexure-A2 order dtd. 16/7/2022 rendered by the Prl.Sessions Court, Kollam in Crl.M.C No.1293/2022 in S.C No.1287/2017. Being aggrieved by the rejection of regular bail, the applicant has preferred the instant Crl.Appeal under Sec.21(4) of the NIA Act, as above.

(3.) Heard Sri.T.K.Kunhabdulla, learned counsel appearing for the appellant/applicant/A4 and Sri.Saigi Jacob Palatty, learned Prosecutor appearing for the respondent (State of Kerala).