ORDER :

Hariprasad. J.

We are called upon to answer a pointed question raised by a Division Bench in the order of reference dated 06.08.2016 in an unnumbered Criminal Miscellaneous Case ("Crl.M.C.", for short). The question is :

“Whether an order by which the Special Court, constituted under the National Investigation Agency Act, 2008 ("NIA Act" for short), refused to modify or relax the condition imposed in a bail order can be challenged under Section 482 of the Code of Criminal Procedure, 1973 ("Code" for short)?". Subsequently, another Division Bench raised the same question in another unnumbered Crl.M.C. as per order dated 24.10.2016. On the orders of the Hon'ble Chief Justice, the matters are placed before us for resolution of the issue.

2. We heard Sri.Manu Tom Cheruvally and Sri.Shajimon T.B., learned counsel appearing for the petitioners and Sri. Suvin R.Menon, learned Central Government Standing Counsel ("CGSC" for short) and Sri.Arjun Ambalapatta, learned Special Public Prosecutor appearing for National Investigation Agency ("NIA' for short).

3. In order to appreciate the rival contentions, we shall take note of the bare minimum facts involved in the cases. Dismissal of Crl.M