IN THE HIGH COURT OF KERALA AT ERNAKULAM
RAJA VIJAYARAGHAVAN V, P. V. BALAKRISHNAN, JJ
Shiyas T.S. S/o Sidheeq – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
P.V. BALAKRISHNAN, J.
This appeal is filed by the 3rd accused in SC No.01/2024/NIA on the files of the Special Court for the Trial of NIA Cases, Ernakulam challenging the order passed in Crl.M.P.No.218/2024 dismissing his petition filed under Section 439 of Cr.P.C.
2. The prosecution case is that, the appellant/3rdaccused knowingly and willingly became a member of the ISIS module in 2022, which was established by the first and the second accused and took oath of allegiance in favour of ISIS. Thereafter, accused Nos. 1 to 3 attempted to recruit the 4th accused and others to the module in Kerala and the third accused identified gullible youths for recruitment to ISIS for furthering the activities of the terrorist organization, and solicited and obtained funds from them for pro- ISIS activities. Accused Nos. 1 to 3 also conspired and conducted recce of Hindu Temples and prominent persons of other communities for targeting them, as well as to loot them. They also identified and recruited vulnerable youths into ISIS and propagated ISIS ideology through social media and secret communication platforms. Hence, it is alleged that the 3rd accused has committed the offences punishable
Long pre-trial detention can justify bail despite statutory restrictions, emphasizing the constitutional right to a speedy trial.
The right to a fair trial mandates the provision of physical copies of documents to the accused, and undue delay in trial can justify bail even under stringent provisions of the UAPA.
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Prolonged pre-trial detention without reasonable trial prospects warrants constitutional safeguards, allowing for bail despite stringent statutory requirements under UAPA.
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Prolonged pre-trial detention violates the right to life and liberty; bail may be granted even for serious charges if trial delay is substantial.
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