ASHRAF 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, that denied them bail 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'].Background facts:

(2.) In connection with the murder of an RSS worker Srinivasan, at Melamuri Junction in Palakkad Town in Kerala, on 16/4/2022, 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 read with 149 of the Indian Penal Code and Sec. 3(a)(b)(d) read 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. One among those arrested died and 7 of the accused persons could not be arrested because they were absconding. The Investigation Officer of the Town South Police Station, Palakkad filed charge sheets against 44 accused in two phases before the Judicial First Class Magistrate Court - III, Palakkad. The charge sheet against 26 accused was filed on 13/7/2022 and the charge sheet against the remaining 18 accused was filed on 12/12/2022. The case was committed to the Sessions Court Palakkad and numbered as S.C.No.982 of 2022.

(3.) Insofar as the absconding accused were concerned, the case was kept pending before the JFMC-III, Palakkad as C.P.No.41/2022 and C.P.No.61/2022.