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2017 Supreme(Ker) 620

C.K.ABDUL REHIM, A.M.BABU
Azeez Odakkali – Appellant
Versus
Deputy Superintendent of Police NIA, Kochi Branch Office – Respondent


Advocates Appeared:
For the Appellant :P.K. Mohamed Jameel, P.C. Noushad, Advocates.
For the Respondents: M. Ajay, SPL. P.P for NIA.

JUDGMENT :

A.M. Babu, J.

1. Appellant is the 6th accused in S.C.1/2015 NIA. The case is pending before the Special Court for NIA cases, Ernakulam. The appellant is in custody. He sought bail under Sec.439 of Cr.P.C. The special court dismissed his application. Aggrieved thereby, the appeal is filed under Sec.21(4) of the National Investigation Agency Act.

2. The accused persons including the appellant allegedly committed various offences. Those are offences punishable under Secs. 120B, 143, 147, 148, 149, 153A, 201, 202, 212, 307, 323, 324,326, 341, 427 and 506 of IPC, Sec.3 of the Explosive Substances Act and Secs. 16, 18, 18B, 19 and 20 of the Unlawful Activities (Prevention) Act (the UA(P) Act for short).

3. The prosecution case is briefly this : A professor by name T.J. Joseph prepared a question paper for an internal examination in his college. It contained a question which was allegedly profane as there was a derogatory remark against Prophet Mohammed. The accused persons got offended. They decided to take law into their hands. They conspired to do away with Joseph. The conspiracy hatched at a meeting held on 28.3.2010 in Seemas Auditorium, Perumbavoor. There was another such mee










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