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2023 Supreme(Ker) 949

P. B. SURESH KUMAR, JOHNSON JOHN
Ali K. @ Ragam Ali, S/o. Moideenkutty – Appellant
Versus
Union of India, Represented by Secretary, Ministry of Home Affairs – Respondent


Advocates Appeared:
For the Petitioner: E.A. Haris, P.P. Harris, S. Sreekumar (SR.), Renjith B. Marar.
For the Respondent: Manu S. DSG of India, Sasthamangalam S. Ajithkumar for NIA, Sri. Alex M. Thombra, Senior Government Pleader, Sri. S.U. Nazar, Special Government Pleader, Harindranath B. G., P. Narayanan, Senior G.P. and Addl. Public Prosecutor, Shri. Sajju S., Senior G.P., Amith Krishnan H., Lejo Joseph George.

JUDGMENT :

P.B. Suresh Kumar, J.

As some of the questions raised in these matters are common, they are disposed of by this common judgment. Parties and documents are referred to in this judgment, unless otherwise mentioned, as they appear in Crl.M.C.No.8198 of 2023.

2. A crime was registered on 16.04.2022 by Palakkad Town South Police Station as Crime No.318 of 2022 in connection with the murder of one Srinivasan, an activist of Rashtriya Swayamsevak Sangh (RSS)/Bharatiya Janata Party (BJP). After investigation, a final report was filed in the said case against 43 accused under Sections 120B, 34, 118, 119, 109, 143, 144, 147, 148, 449, 341, 201, 212 and 302 read with Section 149 of the Indian Penal Code (IPC) and Section 3(a)(b)(d) read with Section 7 of the Religious Institutions (Prevention of Misuse) Act, 1988. The allegations in the final report, in essence, are that in retaliation of RSS/BJP activists committing murder of one Subair on 15.04.2022 who was an activist of the organisation, Popular Front of India (PFI), the accused who are activists of PFI conspired together and committed murder of Srinivasan. After complying with the procedures prescribed, the Jurisdictional Magistr

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