JUDGMENT :

ABHAY S. OKA, J.

Leave granted.

1. These two appeals take exception to the Judgment and Order passed by a Division Bench of Kerala High Court in the appeals preferred by the Union of India under sub-section (4) of Section 21 of the National Investigation Agency Act, 2008 (for short “the NIA Act”). The appeals before the High Court arose out of the Order dated 9th September 2020, passed by the learned Judge of the Special Court appointed to conduct the trial of National Investigation Agency cases at Ernakulam in Kerala. By the said Order, the learned Judge of the Special Court For NIA Cases, granted bail to the accused no.1 Allen Shuaib and the accused no.2 Thwaha Fasal.

2. A First Information Report was registered against the accused nos.1, 2 and 3 for the offences punishable under Sections 20, 38 and 39 of Unlawful Activities (Prevention) Act, 1967 (for short “the 1967 Act”). The Offence was registered by Pantheerankavu Police Station in Kerala. Later on, the investigation of the case was transferred to National Investigation Agency (for short “NIA”) established under the NIA Act.

3. The accused no.3 is absconding. On completion of investigation, a charge sheet was filed