Accused No. 14 (A.Muhammed Navas) in Crime No. 356 of 2008 of Edakkad Police Station has filed this Bail Application under Section 439 of the Code of Criminal Procedure.

2. The offences alleged against the petitioner are under Sections 13(2), 16,18,38,39 and 40 of the Unlawful Activities (Prevention) Act and under Sections 120 B, 121,121-A, 124-B, 465 and 471 of the Indian Penal Code. The petitioner was arrested on 7.11.2008 and he is in judicial custody.

3. The learned Director General of Prosecutions submitted that there are 23 accused persons included in the case, of whom 14 persons were arrested, 4 persons (Accused Nos. 7,8,9 and 10) died in an encounter in Jammu and Kashmir while they attempted to cross the border and 5 persons are yet to be arrested. He also submitted that Accused No.15 escaped from Jammu and Kashmir.

4. The Court of Session, Thalasseri dismissed the application for bail filed by the petitioner on 24-11-2008. The petitioner moved the High Court in Bail Application No.322 of 2009 which was dismissed as per the order dated 29th January 2009.

5. Sri.C.Khalid, the learned counsel for the petitioner submitted that the petitioner is a painter by profession and he is eking out his livelihood by the meagre income from his work as a painter. He has to maintain his family. He was never associated with any religious or regional organisations in India or abroad. The petitioner states that the police has branded him as a supporter of an organisation called "Thareekath", which is allegedly engaged in antinational activities. The learned counsel submitted that the investigation has not resulted in bringing out any material to connect the petitioner with the alleged offence. The petitioner has also made an allegation that the investigating agency has filed a "dubious charge sheet" to prevent the release of the petitioner under the proviso to Section 167 (2) of the Code of Criminal Procedure.

6. The Sub Inspector of Police suo motu registered the case. He arrested the first accused Abdul Jaleel on 18-10-2009 on getting information that he was aiding and associating with a banned organisation in Jammu and Kashmir. After completing the investigation, charge sheet was filed. It is submitted that a report was filed before

Additional Chief Judicial Magistrate's Court, Thalasseri to continue the investigation under Section 173 (8) Cr.P.C. and that further investigation is in progress.

7. The learned Director General of Prosecution submitted the following. The accused indulged in a conspiracy to facilitate terrorism. Classes were arranged at different places in Kannur, Malappuram and Ernakulam Districts for that purpose. In the meeting held on 14-8-2009 at Neerchal, it was decided to send delegates to Jammu and Kashmir so that they could get training in arms and ammunition from Lashker- E-Thoiba in Jammu and Kashmir and Pakisthan. After the training they were to commit terrorist activities in the State of Kerala. From Kannur, accused Nos. 2, 3, 7, 8, 10, 13, 15, 20 went to Hyderabad in different groups. On 11-9-2008, a meeting of these persons was held at Hyderabad under the leadership of the third accused, namely, Naseer alias Thadiyantavida Naseer alias Haji. The selected five among the accused, that is, accused Nos. 7 to 10 and 15 proceeded to Delhi on 12-9-2008 with forged identity cards provided by the third accused. Accused No.20 along with his wife had reached at Delhi earlier. The five member team reached at Delhi on 13-9-2008. Accused No.20 arranged for their stay at Delhi. On 14-9-2008, they proceeded to Jammu and Kashmir and reached at Jammu on 15-9-2009. Thereafter, they proceeded to Shrinagar. Accused No.20 sent the five member team with another group of persons at Shrinagar. The five member team associated themselves with Lashker- e-Thoiba comprising Pakistanees and Kashmirees. The five member team got intensive training in using arms and ammunition and they attended training at various places for advoc