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2015 Supreme(Ker) 52

P.UBAID
Vikraman – Appellant
Versus
State of Kerala represented by The Public Prosecutor – Respondent


Advocates Appeared:
For the Petitioner:K. Gopalakrishna Kurup, Sr. Advocate, P.N. Sukumaran, Abhishek Kurian, Advocates.
For the Respondents: R1 & R2, S. Hyma, Public Prosecutor, R3, P. Chandrasekhara Pillai, C.B.I.

Judgment :-

1. Crime No.780 of 2014 of the Kadirur Police Station of Kannur District relates to the brutal political murder of one Manoj, a political activist, at about 11 a.m. on 1.9.2014, by a terrorizing bomb explosion, in prosecution of a criminal design to kill him, made by the rival political group. The case is now being investigated by a special team of the CBCID constituted by the Government. The crime was registered under Sections 143, 147, 148, 324, 307, 302 read with Section 149 of Indian Penal Code, under Sections 3 and 5 of the Explosive Substances Act, and also under Section 13 (a) of the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as “U.A.P.A“) Section 307 was incorporated on the allegation that attempt on the life of one Pramod was also made by the accused in the said incident. The petitioner herein was arrested as the 1st accused in the crime, and he has been in judicial custody since the date of arrest. During investigation, the Investigating Team found that the correct and proper penal section of the U.A.P.A involved in this case is Section 16(1) (a) and that Section 13 (1) (a) will have application only in cases of unlawful activity as def
























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