ADBUL NAZAR MADANI Vs. STATE

JUDGEMENT

(1.) THE petitioner, who is ranked as 14th accused, has filed this petition, seeking bail on various grounds, though his previous bail applications as well as some of the writs have been rejected or dismissed by the Court concerned,

(2.) THIS petition is aimed by the accused Nos. 136, 137, 138, 139, 140, 141, 142 and 143 in S. C. No. 2/2000, on the file of the learned Sessions Judge for the trial of Bomb Blast cases, Coimbatore, to go on bail, mainly on the ground that the witness who were examined, in order to connect these petitioners/accused, have failed to do so and as such, the evidence available may not be sufficient to keep them in further custody, as well as on the ground of inordinate delay which caused or likely to be caused, because of the fact that some of the coaccused have filed petitions of the recalling the witnesses, which may cause further delay.

(3.) AFTER the killing of 18 Muslim in the month of November/ December 1997, it is the case of the prosecution, that Thiru S. A. Basha, Thiru Madani and other accused, hatched conspiracy at Chennai, Coimbatore, Sathiamangalam, etc., in Tamil Nadu and other places in Kerala and Karnataka States, decided to explode bombs at Coimbatore, on 14.2.1998, to wreck vengeance to the killings of the 18 Muslims, as said supra. In pursuance of the said conspiracy, it is said, there was bomb explosion in several places at Coimbatore between 14.2.1998 and 17,2.1998 in which 58 persons were killed, about 250 persons have sustained injuries and private as well as public properties to the tune of Rs. 4.37 crores were damaged. Following the bomb explosion, it is also said, from 22 places or so, concealed bombs were recovered/defused, thereby preventing further damage to the city, which was a calm and prospective industrial - oriented one. On the basis of the incidents, number of cases have been registered, including Cr. No. 151 /1998, on the file of B-1, Bazaar Police Station, Coimbatore, under S.120B, 302, 307, 449, 465, 468, 471, 212, 153(A)(1), 148, 149, 201, 114 and 353, I.P.C., S.3,4,5, and 6 of the Explosive Substances Act, 1908; S.25(1B)(a) of the Arms Act, 1959 and under S.4 of the Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992. The investigation revealed, either on the basis of the confession given by one of the accused (A3) or on the basis of the other materials collected, that Thiru Abdul Nazar Madani is also invoked in the offence in conspiring to commit the aforesaid offence, having conversation with the Founder President of banned fundamentalist organisation, "UL-UMMA" Mr. S. A. Basha. On the basis of the detailed investigation, exercising untired labour, taking risk to some extent, by so many devoted police officials, a final report, consolidating all the crimes, came to be filed before the Court concerned which was committed to the Sessions Court, i.e., the Court intended to try this case, namely, Special Court for Bomb Blast Cases, Coimbatore, which was taken on file as S. C. No. 2/2000.