RIJESH Vs. CENTRAL BUREAU OF INVESTIGATION, THIRUVANANTHAPURAM

JUDGEMENT

(1.) THIS appeal is filed invoking S. 21(4) of the National Investigation Agency Act r/w S. 43D of the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as the "UA(P) Act") and S. 439 of the Code of Criminal Procedure (hereinafter referred to as "the Code") challenging the order dated 19.8.2015 in Crl. M.C. 1100 of 2015 of the Court of Sessions, Thalassery. As per the impugned order, the application for bail preferred by the appellant, who is accused No. 21 in R.C. 10(S)/2014/CBI/SCB/TVPM (originally Crime No. 780 of 2014 of Kadirur police station), was dismissed by the learned Sessions Judge.

(2.) ELAMTHOTTATHIL Manoj, a 42 year old Physical Training Instructor of Rashtriya Swayam Sevak Sangh, was waylaid while he was coming in a Maruthi Omni Car with CW 49 - Pramod, and was murdered allegedly by CPI(M) workers on 1.9.2014 at about 11.00 a.m. Crime was registered by the Kadirur police as Crime No. 780 of 2014 u/s. 143, 147, 148, 324, 307 and 302 r/w S. 149 IPC, S. 3 and 5 of the Explosive Substances Act, 1908 and S. 13(a) of the UA(P) Act based on the statement given by one Sasidharan.

(3.) THE CBI, on completion of investigation, concluded that the participation of 19 persons were made out and a charge was laid before the jurisdictional Court against the said accused with a prayer seeking permission to conduct further investigation in identifying the others which, according to the Investigating Agency, had a part to play in the conspiracy to execute the crime. The final report was laid before the Court on 7.3.2015 for offence punishable u/s. 120 -B r/w S. 143, 147, 148, 149, 302, 201, 212, 324 and 307 of the IPC and S. 16(a) r/w S. 15(1)(a)(i) and S. 19 of the UA(P) Act, S. 3 and 5 of Explosive Substances Act and S. 27 of the Arms Act. In the said final report, the present appellant was cited as CW 48.