RAJEESH Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) The legality of the order dated 7. 10. 2015 in Crl.M.P. No 1784 of 2015 of the Sessions Judge, Kalpetta, is challenged in this appeal preferred u/s 21(4) of the National Investigation Agency Act, 2008 by the appellant, who is the 6th accused in crime number 142/2014 of the Vellamunda police station.

(2.) The above petition was preferred by the appellant under section 439, 167 (2) of the Code of Criminal Procedure (hereinafter referred to as "the Code") read with section 43(D) of the Unlawful Activities (Prevention) Act (hereinafter referred to as the UA(P) Act), seeking default bail.

(3.) The question raised by Sri K.S. Madhusoodanan, the learned counsel appearing for the appellant, centers around the interpretation of S. 43D (2) of the UA(P) Act which modifies the operation of S. 167 (2) of the Code , when offences under the UA (P) Act are involved.