IMPORTANT POINT
Subsequent developments are required to be considered.

JUDGMENT :

Rastogi, J.

Leave granted.

2. The instant appeal has been filed against the judgment dated 12th September, 2018 passed by the High Court of Judicature at Madras granting bail in default to the accused/respondent after setting aside order of the Special Court (under National Investigation Agency Act, 2008), Chennai dated 22nd March, 2018 holding that the remand of the accused/respondent by the Special Court for a further period of 90 days was not in compliance to the mandate of Section 43D(2)(b) of Unlawful Activities(Prevention) Act, 1967 (hereinafter being referred to as “UAP Act, 1967”).

3. The facts giving rise to this appeal insofar as they are relevant for disposal are that a case was initially registered at Police Station Thudialur in Cr. No. 735/2016 on the written complaint of one Dhanapal, brother of the deceased(Sasikumar) who was a spokesperson of Hindu Front at Coimbatore, was brutally hacked to death by a gang of unknown persons on 22nd September, 2016 at about 2315 hrs. Due to the above murder, violence broke out in Coimbatore when the body of the deceased was taken for cremation. As the violence spread out to neighbouring directions of Tirupur, viz., Nilgiris and Erode, about 237 cases came to be registered in respect of the incidence of stone pelting, hurling of petrol bomb on Mosque, setting fire to shops, attack on police vehicles and buses, attack on shops belonging to different sect of the society. For days together, the harmony, public peace and tranquillity got affected. DGP, Tamil Nadu, considering the gravity of the offence transferred the case to (Special Investigation Division) CB CID, Coimbatore on 27th September, 2016. During the course of investigation, an alteration report was filed by SID CB CID to invoke Section 120B and Section 153A IPC and Section 16 and 18 of UAP Act, 1967.

4. The Central Government in exercise of the powers conferred under Section 6 read with Section 8 of the NIA Act entrusted the investigation to the National Investigation Agency vide order dated 22nd January, 2018. The case was taken over by the NIA as R.C. No. 03/2018/NIA/DLI under Section 302, 153A, 120B of IPC read with Section 16 and 18 of the UAP Act, 1967 vide order dated 29th January, 2018. During the course of investigation, four accused persons were arrested out of which the accused respondent(A-4) was arrested on 25th December, 2017.

5. A report under Section 43(D)(2) of the UAP Act, 1967 was submitted by the Special Public Prosecutor before the Special Court under NIA assigning specific reasons for seeking extension of judicial detention of the accused respondent for a further period of 90 days enabling him to complete the investigation. A counter statement was filed by the accused respondent on the same date opposing the application filed by the Special Public Prosecutor through his counsel. The Special Court(NIA) after hearing the parties recorded its satisfaction for detention of the accused respondent for a further period of 90 days and allowed the petition filed by the Special Public Prosecutor under its order dated 22nd March, 2018 which was the subject matter of challenge in appeal preferred at the instance of the accused respondent under Section 21 of the NIA Act before the High Court of Madras, which on appraisal of the record, arrived at the conclusion that the specific reasons which has been assigned by the Special Public Prosecutor in his report seeking detention of the respondent for a further period of 90 days does not meet the requirement of law as contemplated under Section 43D(2)(b) of the UAP Act, 1967 and accordingly set aside the order of the Special Court dated 22nd March, 2018 and in consequence thereof, granted statutory bail in default to the accused respondent under its order dated 12th September, 2018 which is a subject mater of challenge in appeal before us.

6. It may be relevant to note at this stage that the other three accused persons, namely, Syed Abuthair (A-1) arrested on 22n