MOHAMMED ASARUDEEN Vs. UNION OF INDIA

JUDGEMENT

(1.) These appeals have been preferred under Ses. 21 of the National Investigation Agency Act, 2008 (for brevity 'the NIA Act') by the appellants against the orders passed by the Special Court for NIA Cases, (Special Court for Exclusive Trial for Bomb Blasts Cases), Poonamallee, Chennai (for brevity 'the Special Court'), dismissing their bail petitions.

(2.) In view of the commonality of facts, these two appeals are considered and decided by this common judgement.

(3.) The deceased Ramalingam was a resident of Melathoondivinayaganpettai Street in Thiribuvanam and was into renting of vessels and other utensils for marriages and other functions. On 5/2/2019, at about 08.30 a.m. Ramalingam and his son Shyam Sunder passed through Muslim Street in Thiribuvanam and went to Paakuvingayanthoppu area for collecting their employees. There, they saw the accused viz., Mohamed Asarudeen (A1), Mohamed Riyas (A-2), Nijam Ali (A3), Sarbudeen (A4), Mohamed Rizwan (A5), Mohamed Faruk (A17), Myden Ahamed Shali (A18) actively engaged in proselytising Hindus to Islam. Therefore, Ramalingam objected to it. Bearing grudge in mind, on the very same night, around 11.00 p.m., while Ramalingam and his son Shyam Sunder were returning home from work in their pick-up mini truck (Dost), they were intercepted by Thowheeth Batcha @ Towheed Batcha (A8), Abdul Majith (A13), Bhurkhanudeen (A14) and Shahul Hameed (A15), who came in a Swift Dzire car bearing Registration No.TN 48 L 1280. Rahman Sadiq and Mohammed Ali Jinnah sprinkled chilly powder on the eyes of Ramalingam and all the accused hacked him indiscriminately with knives. Thereafter, they fled in the said car.