SADHIK BASHA Vs. STATE

JUDGEMENT

(1.) The Petitioner/ Accused No.9 filed this Criminal Revision under Section 397 r/w 401 of Cr.P.C. praying this Hon'ble Court to set aside the order passed in Crl.M.P.No.223 of 2017 in C.C.No.1 of 2016 dated 18.12.2017 on the file of the Learned Special Judge for Bomb Blast and NIA Cases, Poonamallee.

(2.) On 18.07.2014, one Suresh Kumar done to death by three persons, for which a case in Crime No.746 of 2014 registered by the respondent police under Sections 341, 307, and 302 of I.P.C on the file of the T2 Ambattur Estate Police Station, Chennai. The Petitioner who was arrayed as Accused No.9 arrested by the Respondent police on 07.08.2014 and on further investigation the FIR was altered in to Sections 341, 307, 302 r/w, 153-A and 120B of IPC and 16(1)(a), 17, 18 and 20 of Unlawful Activities (Prevention) Act (herein after referred as "UAP" Act). Totally sixteen accused were arrested and Final Report was filed before the learned Principal District Sessions Judge, Thiruvallur on 101.2015.

(3.) One Accused No.16 namely Abdulla moved bail application before the learned Principal District Sessions Judge, Thiruvallur and the same was dismissed in Crl.M.P.No.1021 of 2015 dated 30.04.2015. Against the order of dismissal, he moved bail before this Court wherein the learned Single Judge of this Court after hearing the arguments of both the parties, transferred the bail petition to the Hon'ble Division Bench of this Court on the ground that the offence involved in this case is a Scheduled offence mentioned in the Schedule appended to the National Investigation Agency Act (herein after referred as "NIA" Act) and therefore Appeal would be the option as per Section 21 of the NIA Act. Hence the bail application was converted in to Criminal Appeal and the Registry transferred the same before the Hon'ble Division Bench. In the meantime, other bail applications filed by some of the Accused also tagged along with Criminal Appeal Nos. 243, 340 and 524 of 2015. The Hon'ble Division Bench, suo moto impleaded the Union of India, Represented by its Secretary, Ministry of Home Affairs, New Delhi as 2nd Respondent.