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2011 Supreme(Ker) 767

V.RAMKUMAR, P.Q.BARKATH ALI
Thadiyantevida Nazeer – Appellant
Versus
State of Kerala, Rep. by the Deputy Superintendent of Police – Respondent


Appearing Advocates:
For the Petitioners:T.K. Kunhabdulla, Advocate.
For the Respondent: R1, M. Ajay, Spl. Public Prosecutor for NIA.

Judgment :-

V. Ramkumar, J.

In this Crl. Miscellaneous Case filed under Sec. 482 Cr.P.C. the petitioners who are accused Nos.1, 3, 4 & 9 in Sessions Case No. 2 of 2010 (NIA) on the file of the Special Court for the Trial of N.I.A. Cases, Kerala at Ernakulam (hereinafter referred to as “the Special Court” for short), challenge Annexure – C order dated 8-7-2011 passed by the Special Court. As per the said order, the Special Court dismissed their application filed as Crl.M.P. 135 of 2011 (Annexure – IV) seeking to cancel Annexure – III order dated 2-09-2010 of the Special Court tendering pardon to the approver, Shammi Firoz who was originally A7 and who was subsequently examined in the case as P.W.1.

2. A chronological narration of the facts leading to the impugned order is as follows:- 03/03/2006 - Infuriated by the attitude of the officials including the Executive and the Judiciary in not granting bail to the Muslim accused persons involved in the Marad carnage case the nine accused persons hatched a criminal conspiracy to make, plant and explode bombs in the K.S.R.T.C. Bus stand and the Moffusil Bus stand in Kozhikode city and they thereby committed offences punishable under Sect



















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