SANGIAH PANDIYAN RAJKUMAR Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) PRESENT Criminal Miscellaneous Application under Section 439 of the Code of Criminal Procedure has been preferred by the applicant Dr.Sangiah Pandian Rajkumar, the then Superintendent of Police, Anti Terrorist Squad, Ahmedabad original accused No.2 for releasing him on bail in connection with the complaint being C.R. No.I-5 of 2005 registered with ATS Police Station, Ahmedabad (Sessions Case No.256 of 2007- FIR No.RCBS1/2010/S0004-MUM filed before the Special Court (CBI), Ahmedabad (Gujarat).

(2.) BACKGROUND of the facts and chronological events which are important and necessary for deciding the present bail application are as under:

(3.) PRESENT petition is also vehemently opposed by Mr.M.R. Mengdey, learned Additional Public Prosecutor appearing on behalf of the respondent No.2 - State. He has adopted the submissions made and decisions relied upon by Mr.Tulsi, learned Senior Advocate appearing on behalf of the the respondent No.1 CBI and has requested not to exercise the discretion and not to release the applicant on bail.