SUBAIR Vs. UNION OF INDIA REP BY SUPERINTENDENT OF POLICE NATIONAL INVESTIGATION AGENCY MHA GOVERNMENT OF INDIA

JUDGEMENT

(1.) The petition filed by the appellant herein, before the Special Court, seeking bail in Crl. M.P. No.142 of 2018 in R.C. No.03/2018/NIA/DLI was dismissed vide order dated 7.6.2018 against which the present appeal has been filed.

(2.) It is the case of the prosecution that on 29.2016, one Sasikumar, a person belonging to Hindu Munnani party was murdered by some unknown persons. FIR was initially registered by the Thudiyalur Police in Crime No.735/2016, which was subsequently transferred to CB-CID by the order of the Director General of Police and re-registered as Crime No.1/2016. It further transpires that secret information was received with regard to absconding of two persons, who were suspected to be involved in the said murder. During the course of investigation, two persons were arrested and remanded. In the course of investigation, on the basis of confessional statements, it came to light that the murder was in consequence of terror strikes wielded against the Hindus in the name of Jihad - war against Anti-Islamic activities. From the confession of the said accused persons, it came to light that the recitals therein attract the provisions of the special enactment and, accordingly, the section of offence was altered to one under Section 302, 153 (A), 120 (b) IPC and Section 16 and 18 of the Unlawful Activities (Prevention) Act, 1967 (for short 'UAP' Act).

(3.) It is the case of the petitioner that on the alleged confession of one of the accused, the petitioner was implicated and he was arrested on 11.10.2017 and remanded to judicial custody. It is the specific case of the petitioner that his arrest is a stage-managed one and that the recovery said to have been made is a highly fabricated one, which does not show any connection to the petitioner.