A. RAJENDRA KUMAR Vs. KAJA MOIDEEN

JUDGEMENT

(1.) These appeals have been preferred under Section 21(2) of National Investigation Agency Act, 2008 [in short NIA Act] r/w 167(2) Cr.P.C., challenging the orders dated 11.08.2014 in Crl.M.P.Nos.3017 and 3003 of 2014 respectively, passed by the Principal Sessions Court, Tiruvallur.

(2.) Heard the learned Public Prosecutor for the State/appellant Mr.M.Radhakrishnan and Mr.Pugazhendhi, Advocates for the respondents/accused.

(3.) On 18.07.2014, one Suresh Kumar, a Hindu activist was done to death by three persons, for which, a case in T2 Ambattur Estate Police Station Cr.No.746/2014 under Sections 341, 307 and 302 IPC was registered by the police. During the course of investigation, the police arrested Kaja Mohideen, the respondent in Crl.A.No.429/2014 and produced him before the jurisdictional Magistrate, who remanded him to judicial custody on 20.07.2014. During the course of investigation, it came to light that the murder of Suresh Kumar was not a mere isolated incident, but the result of a deep-rooted conspiracy to get rid of Hindu activists not only in Tamil Nadu, but in other places. Therefore, on 26.07.2014, the police filed an alteration report before the jurisdictional Magistrate seeking to alter the case in Ambattur Police Station Cr.No.746/2014 to 341, 307, 302 r/w 153(A) and 120(B) IPC. From the confession statements of the arrested accused and from the examination of further witnesses, it came to light that offences u/s 16, 18 and 20 of the Unlawful Activities (Prevention) Act, 1967 would also stand attracted, as it appeared to the police that, the group was involved in graver offences. Therefore, the police included the provisions of Unlawful Activities (Prevention) Act, 1967 and sent the alteration report to the Court. On addition of these offences, the provisions of NIA Act stood attracted and therefore, the police had to approach the District and Sessions Judge, Tiruvallur for taking police custody of the respondent/Kaja Moideen from 07.08.2014 for a period of 15 days. The District and Sessions Judge, by order dated 07.08.2014 granted police custody for 4 days, from 07.08.2014 to 11.08.2014, and accordingly, the police took the respondent/ Kaja Moideen into their custody and continued with the investigation. The police arrested six other accused, viz., the respondents in Crl.A.No.430/2014 and produced them before the District and Sessions Judge, Tiruvallur for remand on 07.08.2014. The police also made an application before the learned Judge seeking police custody of the six persons for a period of 15 days from 07.08.2014. While this application was under consideration, the police also filed an application on 11.08.2014 seeking further police custody of the respondent/Kaja Moideen for a period of 5 days. The learned Principal District and Sessions Judge, Tiruvallur dismissed both the applications on 11.08.2014, aggrieved by which, the State has approached this Court in these appeals.