PRAKASHAN C Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is filed invoking Section 21 of the National Investigation Agency Act, 2008, for short, "NIA Act". Section 439 of the Code of Criminal Procedure which relates to the special powers of the High Court or Court of Session regarding bail and Section 43D of the Unlawful Activities (Prevention) Act, 1967, "UAP Act", for short, are also referred as invoked.

(2.) Under appeal is the order of the Sessions Court, Thalassery which is the Court of Session of the division in which the offences are alleged to have been committed by different persons, including the appellant against whom first information report was registered as Crime No.780 of 2014 of Kadirur Police Station listing offences punishable under different provisions of the Indian Penal Code and Explosive Substances Act and Section 15(1)(a)(i) read with Sections 16 (a) and 19 of the UAP Act. The substance of the allegation is that on 1.9.2014, while one Manoj, a leader of RSS, was driving his Omni Van along with his friend Pramod through a public road at Kadirur, he was attacked by a group of CPI(M) workers with dangerous weapons, including explosive substances, and that bombs were hurled towards the van and the assailants thereupon inflicted grievous injuries on Manoj and thus murdered him. They also allegedly caused grievous injuries on Pramod with the intention to murder him. It is alleged that then again, the assailants hurled bombs with the intention to strike terror in the people at the place of occurrence and created a horrendous situation in that area. The appellant is also accused of having concealed and helped to harbour the main accused in the case after commission of the offence of murder of Manoj. The appellant was arrested on 15.9.2014. He is in custody since then. His application for bail was dismissed by the Court of Session on 16.10.2014.

(3.) During the pendency of this appeal, the case was handed over for investigation to the Central Bureau of Investigation, "CBI", for short, governed by the provisions of the Delhi Special Police Establishment Act, 1946. CBI registered the case as CBI Crime No.RC.10(S)/ 2014/CBI/SCB/TVPM.