JALEEL P. Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellants before us impugn the orders passed by the Special Court for the Trial of NIA Cases, Ernakulam, in S.C.No.02/2023/NIA/KOC, dismissing the bail application preferred by them under Sec. 439 of the Code of Criminal Procedure, by relying on the provisions of Sec. 43D (5) of the Unlawful Activities (Prevention) Act, 1967 [hereinafter referred to as the 'UA (P) Act'].

(2.) Brief facts necessary for the consideration of these appeals are as follows: On 16/4/2022, an RSS worker Srinivasan, was murdered at Melamuri Junction in Palakkad Town in Kerala, allegedly by members of the Popular Front of India [PFI] cadres. An FIR No.318/2022 dtd. 16/4/2022 was registered at Palakkad Town South Police Station under Ss. 120B, 34, 118, 119, 109, 115, 143, 144, 147, 148, 449, 341, 201, 212, 302 r/w with 149 of the Indian Penal Code and Sec. 3(a)(b)(d) r/w with 7 of the Religious Institutions (Prevention of Misuse) Act, 1988. Pursuant to the investigation conducted in the said case, 51 persons were arraigned as accused by the State and 44 among them were arrested. Thereafter, based on an order dtd. 16/9/2022 passed under Sec. 6(5) read with Sec. 8 of the National Investigation Agency Act, 2008 which in turn based itself on the information received by the Central Government that the office bearers and cadres of PFI and its affiliates in Kerala have conspired to instigate communal violence and radicalise its cadres to commit terrorist acts in the State of Kerala and various other parts of the country, lodged FIR No.RC-02/2022/NIA/KOC dtd. 19/9/2022 at the NIA Police Station, Kochi against the same accused, under Ss. 120B and 153A of the IPC read with Ss. 13, 18, 18B, 38 and 39 of the UA (P) Act. Subsequently, on 28/9/2022, the Central Government declared PFI as an unlawful Association.

(3.) NIA filed the respective charge sheets before the Special Court, and the appellants/accused preferred their applications under Sec. 439 of the Cr.PC seeking bail. The Special Court rejected their bail applications. These appeals are filed impugning the Orders of the Special Court rejecting their bail applications.