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2022 Supreme(Ker) 320

K.VINOD CHANDRAN, C.JAYACHANDRAN
Vijith Vijayan @ Pachha @ Balu @ Musafir @ Ajay S/o. Vijayan V. K. – Appellant
Versus
Union Of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : K.S.Madhusoodanan Thushar Nirmal Sarathy M.M.Vinod Kumar, P.K.Rakesh Kumar, K.S.Mizver, M.J.Kirankumar.
For the Respondent: S.Manu, Smt.Mini Gopinath, SRI Sreejith V.S., adv

JUDGMENT :

Vinod Chandran, J.

By the impugned order in the above appeal, the Special Court for the trial of NIA cases, Ernakulam, rejected the application for bail filed by the appellant herein. The appellant is accused No.4 in S.C.No.1/2021/NIA/KOC. The allegations against the accused were under S.120B of IPC and Ss.13, 38 & 39 of Unlawful Activities (Prevention) Act, 1957 [hereinafter 'UA(P)A']. The arraignment of A4 in the case was an offshoot of the arrest of two young men found under suspicious circumstances, on 01.11.2019 at around 6.15 p.m by the Pantheerankavu Police while on patrolling duty. Out of the three, one ran away and the others were apprehended. Annexure A1 FIR 507/2019 was registered under Ss.20, 38 & 39. Search was conducted in the house of A1 & A2, apprehended under suspicious circumstances, and various documents seized. Later, A1 was released on bail by this Court and A2's application was rejected. National Investigation Agency [NIA], who had by then taken over the investigation on 16.12.2019 and filed FIR 4/2019, appealed against the grant of bail to A1. The said appeal was taken along with the appeal against rejection of bail by A2 by the Hon'ble Supreme Court

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