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2014 Supreme(Ker) 301

THOTTATHIL B.RADHAKRISHNAN, P.B.SURESH KUMAR
P. V. Abdul Azeez – Appellant
Versus
National Investigation Agency, represented by Public Prosecutor, High Court of Kerala – Respondent


Advocate Appeared
For the Appellants:P. Martin Jose, M.A. Mohammed Siraj, P.Prijith, Thomas P. Kuruvilla, Advocates.
For the Respondent: M. Ajay, Spl. Public Prosecutor for NIA.

JUDGMENT

Thottathil B. Radhakrishnan, J.

1. These appeals are by the accused persons in S.C.No.2 of 2013 of the Special Court for trial of NIA cases, Kerala. There are two appeals. Initially, all the 21 accused persons had jointly filed application for bail on the premise that they are entitled to bail, since what is presented as the final report by the NIA is not a final report as enjoined by Code of Criminal Procedure and therefore, they are entitled to bail under Section 167(2) of the Code of Criminal Procedure. That application stands dismissed. Hence, Crl. Appeal No.1711 of 2013 arising from Crl.M.P.No.100 of 2013. The second application for bail was filed by accused Nos.8, 10, 11, 12, 14, 19 and 21 stating various personal reasons, including the reason that they are of tender age, i.e., 20 to 21 years and that on the totality of the facts and circumstances, it is no more necessary to continue them in custody and that sufficient grounds exist to enlarge them on bail under whatever conditions that may be imposed by the Court. That application also stands dismissed. That gives rise to Crl. Appeal No.1675 of 2013 arising from Crl.M.P.No.118 of 2013.

2. The learned senior counsel

















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