K A NAJEEB Vs. DEPUTY SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) This appeal is preferred against the order dated 11.5.2018 of the Special Court for Trial of NIA Cases, Ernakulam in Crl.M.P.No.81 of 2017 in S.C.No.1 of 2015 by accused No.5. The bail application submitted by the petitioner/accused No.5 was rejected by the NIA Court mainly on the bar under S.43(D) 5 proviso to the Unlawful Activities Prevention Act and also on the reason that there is every chance of absconding by the accused. It is also taken note of by the trial court that in the earlier trial against the other accused persons about 100 witnesses turned hostile.

(2.) The crime was registered on the allegation of offence punishable under Sections 120B, 143, 147, 148, 149, 153A, 201, 202, 212, 307, 323, 324, 326, 341, 427 and 506(ii) of the Indian Penal Code, Section 3 of the Explosive Substances Act and Sections 15 r/w 16, 18, 18B, 19 and 20 of the Unlawful Activities (Prevention) Act (the UA(P) Act for short).

(3.) Petitioner is the fifth accused. He was arrested on 10.4.2015 and he is under judicial custody thereafter. It was submitted that what is alleged against accused No.5 is participation in the criminal conspiracy held at Seemas Auditorium, Perumbavoor on 28.3.2010 along with the other accused. But in the earlier trial against the other accused, the NIA Court entered into a finding against the criminal conspiracy and rendered a judgment on 30.4.2015. It is also alleged against accused No.5 that he had shifted some of the accused from the place of occurrence in an Omni van from Irumalappady to Aluva. He had also arranged treatment to some of the accused persons who sustained injury in the alleged incident. It is also brought to the notice of this court that he is involved in two other crimes. He absconded for a long period of five years. He was actually waiting with a vehicle, bearing Reg.No.KL09/R.7541 at Irumalappady so as to shift the assailants after the commission of offence. It is also submitted that petitioner is a leader of Popular Front of India (PFOI) and is highly influential and hence opposed the application.