JUDGMENT (COMMON)

R. Pongiappan, J.—Calling into question the legality and validity of the two orders, both dated 05.05.2021, passed by the Special Court under the National Investigation Agency Act, 2008 (Sessions Court for Exclusive Trial of Bomb Blast Cases), Chennai at Poonamallee (for brevity “the Special Court at Poonamallee”) in Crl.M.P.Nos.168 and 181 of 2021, in and by which, the prayer for police custody of the respondent (Vivek/A.1) has been rejected and bail has been granted to him, respectively, the Inspector of Police, National Investigating Agency, Chennai, has filed these two criminal appeals.

2. The legal issue raised by the National Investigating Agency in these two criminal appeals lies in a very narrow compass, to decide which, it may be necessary to refer to a few dates and events.

2.1 Vivekanandan @ Vivek (A.1)/respondent allegedly uploaded an offensive post in his Facebook account, for which, the Inspector of Police, Thallakulam Police Station, Madurai, registered a case in Cr.No.1916/2020 for the offences under Section 13(1)(b) of the Unlawful Activities (Prevention) Act, 1967 (for short “the UAP Act”) and Section 505(1)(b) IPC against Vivek (A.1) and arre