THASLEEM Vs. STATE OF KERALA

JUDGEMENT

(1.) Terrorism is one of the main threats to the safety and security of India and the people of India. The Unlawful Activities (Prevention) Act, 1967 (Act 37 of 1967) was enacted to provide for the more effective prevention of certain unlawful activities of individuals and associations and for dealing with terrorist activities and for matters connected therewith. The Act was amended in 2004 and the words "and for dealing with terrorist activities" were inserted in the preamble. The Act was amended in 2008 and 2013 as well. In order to effectively combat terrorism, certain stringent provisions have been incorporated in the Act. One among these provisions is sub -section (5) of S. 43 -D of the Act, which provides that notwithstanding anything contained in the Code of Criminal Procedure, no person accused of an offence punishable under Chapters IV and VI of the Act shall, if in custody, be released on bail or on his own bond unless the Public Prosecutor has been given an opportunity of being heard on the application for such release. The proviso to sub -section (5) of S. 43 -D states that such accused person shall not be released on bail or on his own bond if the Court, on a perusal of the case diary or the report made under S. 173 of the Code is of the opinion that there are reasonable grounds for believing that the accusation against such person is prima facie true. In the light of the proviso to sub -section (5) of S. 43 -D, the Courts are bound to peruse the materials on record and arrive at a satisfaction as to whether there are reasonable grounds for believing that the accusation made against the accused is prima facie true. It is not necessary for the Courts to arrive at any final conclusion and it is only sufficient that the Courts believe the accusation against the accused to be true. If the Court is of the opinion that there are reasonable grounds for believing that the accusation against the accused is prima facie true, the Court is bound to refuse bail to the said accused. The Courts are not expected to deal with the bail applications in a routine manner in respect of the offences under Chapters IV and VI of the Act and grant bail in a casual manner. The Courts owe a duty to strengthen the efforts made by the nation to combat terrorism for the purpose of ensuring the safety and security of the people and safety of the nation as such. In the present case, one Shahanas (second accused) was taken into custody by the police from Ernakulam North Railway Station on getting secret information that he has been indulging in anti -social activities and terrorist activities. On examining the contents of the bag belonging to Shahanas, the police found certain letters allegedly written by Thadiyantevida Nazeer, the prime accused in the Bangalore bomb blast cases, to Shahanas. Certain SIM cards and mobile phones were also found in the bag belonging to Shahanas. It is alleged that Shahanas made a disclosure statement that he used to meet Thadiyantevida Nazeer at the jail in Bangalore and used to get instructions in the matter of implementing certain ideas evolved by Thadiyantevida Nazeer. On the basis of the materials collected during investigation, the appellant (Thasleem K.K.) was taken into custody by the police from Kannur. The appellant was produced before the Court of the Additional Chief Judicial Magistrate, Ernakulam on 20.11.2015. The investigating agency made a prayer for police custody and the Court granted custody of the appellant to the police for the period upto 24.11.2015.

(2.) The appellant filed Bail Application, namely, Crl.M.P. No. 1380 of 2015 before the Court of the Additional Chief Judicial Magistrate, Ernakulam. That application was dismissed. He preferred Crl.M.C. No. 2472 of 2015 before the Sessions Court, Ernakulam, which was dismissed as per the order dated 10.12.2015. The present appeal is filed challenging the order dated 10.12.2015 passed by the Sessions Court.

(3.) It has come out that Sherafudeen, the brother of the appellant, is one of the accused in the Bangalore bomb blast cases. In the present case, the first accused is none other than Thadiyantevida Nazeer.