(1.) The aforecaptioned appeal has been instituted under Sec. 21(4) of the National Investigation Agency (NIA) Act, 2008, to impugn the order dtd. 18/11/2022 rendered by the Special Court for trial of NIA cases, Kerala, Ernakulam (hereinafter referred for short as "the Special Court") on Crl.M.P. No. 183 of 2022 in S.C. No. 3/2022/NIA/KOC, whereby the plea of the appellants herein (A-5 and A-6), for grant of regular bail under Sec. 439 of the Cr. P.C., has been rejected on the ground that the Special Court, after perusal of the case diary records and the final report/charge sheet filed in the case, is of the opinion that there are reasonable grounds to believe that the accusations against the bail applicants/accused persons are prima facie true, as envisaged in the proviso to Sec. 43D(5) of the Unlawful Activities (Prevention) Act, 1967 ("UAPA" for short). The appellants impugn the legality and correctness of the above said verdict of the Special Court, in refusing to grant regular bail to them, on the above ground.
(2.) Heard Sri. K.S. Madhusoodanan, learned Advocate, instructed and ably assisted by Sri. Thushar Nirmal Sarathy, learned counsel appearing for the appellants/applicants/A-5 and A-6 and Sri. S. Manu, learned Dy. Solicitor General of India, who is the authorized counsel for the respondent (National Investigation Agency - "NIA", for short), instructed and ably assisted by Sri. K. S. Prenjith Kumar, learned Central Government Counsel appearing for NIA.
(3.) The brief facts leading to the above bail appeal may be stated as hereunder:
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