STATE BY THE SUPERINTENDENT OF POLICE NATIONAL INVESTIGATION AGENCY NO.10, MILLERS ROAD CHENNAI 600010 Vs. KABILAR

JUDGEMENT

(1.) For the purpose of easy understanding, we are narrating the facts of the case in a chronological order as under : <FRM>JUDGEMENT_134_LAWS(MAD)11_2022_1.html</FRM>

(2.) It may be pertinent to state here that when the bail application of Kabilar (A-3) in Crl.O.P.No.17786 of 2022 came up for hearing before the learned Single Judge on 29/7/2022, only the State Additional Public Prosecutor appeared and it was not brought to the notice of the learned Single Judge that the case has been transferred on 22/7/2022 to the NIA and the NIA has re-registered the case on 25/7/2022. In short, since the NIA was not a party before the learned Single Judge, the State Additional Public Prosecutor prayed for posting the matter again under the caption 'for being mentioned'. At his request, the learned Single Judge posted the matter 'for being mentioned' on 18/10/2022, in which, the following order was passed :

(3.) In this case, on notice, Mr.R.Sankarasubbu, Advocate, entered appearance for Kabilar (A-3) and filed a counter affidavit on 1/11/2022, stating inter alia that, after Kabilar (A-3) was released on bail, he was summoned to the office of the NIA for interrogation; he appeared before the NIA for interrogation at their office; he was tortured by the NIA, for which, he took treatment at the Government Hospital, Salem, on 1/10/2022; he is innocent; he lost contact with Naveen (A-1) and Sanjai Prakash (A-2), six months back and had severed all relationship with them; he is not a terrorist: his mobile phone got damaged on 16/8/2022 when it accidentally fell from the bus, while he was travelling from Chengalpet to Poonamallee.