THANGARAJ @ THAMIZHARASAN Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal is against the order of the Special Court for NIA Cases at Puducherry dated 29.03.2017 passed in Crl.M.P. No. 1471 of 2016 rejecting bail to the petitioner.

(2.) It is averred in the appeal that the Deputy Superintendent of Police, National Investigating Agency, Hyderabad made a formal arrest of the appellant inside the Central Prison, Madurai on 09.04.2014 and he was produced under PT warrant and remanded to judicial custody in R.C.No.01/2014/NIA/HYD under Sections 307 IPC, Section 4 of Explosive Substances Act, 1908 and Sections 16 and 18 of the Unlawful Activities (Prevention) Act, 1967. Originally on the complaint given by one N. Premkumar, zentry at the residence of a former Minister at No.5, Ellaiamman Kovil Street, Puducherry, a case was registered in Cr.No.25 of 2014 under Section 4 of Explosive Substances Act, 1908 in Udayansalai police station. Then the case was transferred to the National Investigating Agency and after investigation, charge sheet was filed on 30.09.2014 against the appellant and 5 others under Section 120 (B) of IPC r/w Sections 3 and 4 of Explosive Substances Act, 1908 and Sections 16, 18 and 20 of the Unlawful Activities (Prevention) Act, 1967.

(3.) There is no material witness in the final report to establish the allegation levelled against the appellant. The appellant is not a member of any banned organization and had not committed any offence under Unlawful Activities (Prevention) Act. He is a Tamil film Director and has been in judicial custody from 09.04.2014. The appellant had suffered illegal detention from 18.07.2014 to 12.09.2014.