Raja Vijayaraghavan.J.

1. The accused Nos.3, 11 and 12 in R.C.10(S)/ 2014/CBI/SCB/Tvpm on the file of the Sessions Court, Thalassery, have preferred separate Appeals under Section 21(4) of the National Investigation Agency Act r/w Section 43D of the Unlawful Activities [Prevention] Act, 1967, (for short "UA(P) Act") and Section 439 of the Code of Criminal Procedure (for short "the Code") challenging the orders dismissing the applications for bail filed by them before the Sessions Court , Thalassery.

2. Crl.A.383 of 2015 is preferred by the 3rd accused challenging the order dated 11.2.2015 in Crl.M.C. 1 of 2015, Crl.A.346 of 2015 has been preferred by the 12th accused challenging the order dated 4.3.2015 in Crl.M.C.295 of 2015, and Crl.A.347 of 2015 has been filed by the 11th accused challenging the order dated 4.3.2015 in Crl.M.C.No.279 of 2015.

3. The gravamen of the prosecution case is that on 01.09.2014 while one Manoj, a leader of RSS, was driving his Omni van bearing Registration No KL-58 G 4530 along with his friend Pramod along the Kizhakke Kathirur - Ukkas Motta Road in Kathiroor Amsom, he was attacked by a group of CPI (M) workers with dangerous weapons, like Bombs, pruning Knife etc., with intention to murder Manoj and his friend Pramod and that bombs were hurled towards the van and the assailants thereupon, hacked Manoj to death and caused grievous injuries on Pramod. It is further alleged that the assailants hurled bombs with intention to strike terror in the people at the place of occurrence and created a terrorizing situation in the area.

4. It was on the basis of a statement given by one V. Sasidharan that Crime No 780/14 u/s 143, 147, 148, 324 , 307 302 r/w S 149 IPC and S . 3 & 5 of Explosive Substance Act and S 13 (a) of UA(P) Act, was initially registered by the Kathiroor Police Station, Thalasserry, Kannur District, Kerala. Subsequently as per Notification issued by the Government of Kerala, Home Department, dated 12.9.2014 under Section 6 of the DSPE Act, 1946, and Government of India Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training), New Delhi Notification dated 27.10.2014 under Section 5 of the Delhi Special Police Establishment Act, 1946, the investigation in the above crime was entrusted with them and thus, the CBI, Special Crime Branch, Thiruvananthapuram, re-registered the case as R.C. 10 (S)/ 2014 /CBI /SCB/TVPM on 28.10.2014 and took up Investigation on 5.11.2014.

5. The final report was laid before the Principal District and Sessions Court, Thalassery, on 07.3.2014 u/s 120B r/w 143, 147, 148, r/w 302, 201,, 202, 212, 324 and 307 of the IPC, 16(a) r/w 15(1)(a)(i) and Section 19 of Unlawful Activities(Prevention) Act, 1967 Section 3 and 5 of Explosives Substances Act, 1908 and Section 27 of Arms Act, 1959, against 19 accused persons.

6. The impugned orders incidentally were passed immediately prior to the filing of the final report which was on 07.03.2015. It was thereafter, that the impugned orders were challenged by filing the Criminal Appeals under Section 21(4) of the National Investigations Agency Act r/w Section 43 (D) of the UA(P) Act and S 439 of the Code of Criminal Procedure.

7. The learned Sessions Judge after hearing the appellants through their counsel and also the Public Prosecutor dismissed the applications for bail. The learned Sessions Judge has taken note of the fact that the offense alleged against the appellants herein would attract the provisions of the UA(P) Act and that the prosecution allegation is that the appellants had concealed the whereabouts of the 1st accused and had harbored him at various places. The learned Sessions Judge has also observed that there are startling revelations of the role played by the appellant and there are reasonable grounds for believing that the accusation made against the 3rd accused is prim