MOHAMED RIFAS Vs. UNION OF INDIA

JUDGEMENT

(1.) All the above Appeals have been filed challenging the Order of cancellation of Bail granted to the Appellants. All the Appellants are Accused in C.C. No.1 of 2021 on the file the Special Court under the National Investigation Agency Act, 2008, Sessions Court for Exclusive Trial for Bomb Blast Cases, Chennai at Poonamallee, Chennai. Though the Bails granted to them were cancelled for different reasons, they are taken up together.

(2.) The brief facts leading to the filing of the above Appeals are as follows:

(3.) (a). The Appellants in Crl.A. Nos.771 and 772 of 2022 (hereinafter referred to as Rizwan Mohammed/A10 and Sajith Ahmed/A9) stand on a different footing. Crl.M.P. Nos.216 & 215 of 2022, were filed to cancel the Bail granted to A10 & A9 respectively. The Appellants were initially granted Bail on merits. Rizwan Mohammed/A10 was arrested on 2/4/2018 and released by an Order, dtd. 27/4/2018, by the learned Principal District and Sessions Judge, Ramanathapuram in the Crl.M.P. No.889 of 2018, on the ground that material witnesses were examined the main Accused were arrested, and they were no previous cases pending against the said Mohammed Rizwan/A10. Similarly, Sajith Ahmad/A9 was arrested on 2/4/2018/16/4/2018 and released on Bail by an Order, dtd. 2/7/2018, passed by the learned Principal District and Sessions Judge, Ramanathapuram, in the Crl.M.P. No.1230 of 2018 on the ground that material witnesses have been examined, he had no previous case and he was in Judicial Custody from 16/4/2018, for more than 77 days. The Respondent in their Petition to cancel the Bail had pleaded that after granting Bail, A10 was involved in Crime No.875 of 2021, for the offences under Ss. 294 (b), 341 & 352, 391 and 392 of the Indian Penal Code, and Sajith Ahmed/A9, was involved in Crime Nos.874 & 875 of 2021; that Crime No.874 of 2021 was registered for the offences under Ss. 294(b) 341 & 353 of the IPC and 3(1) of the TNPPDL Act, on the file of Muthupettai Police Station.