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IN THE HIGH COURT OF KERALA AT ERNAKULAM
RAJA VIJAYARAGHAVAN V., K.V. JAYAKUMAR
Seyid Nabeel Ahammed S/o Kunji Seethi Thangal – Appellant
Versus
Union of India, Represented by Inspector of Police, Kochi – Respondent
| Table of Content |
|---|
| 1. background of the appeal and charges (Para 1 , 2 , 3) |
| 2. charges against the appellant for recruiting youths for isis. (Para 4) |
| 3. arguments for bail from defense counsel (Para 7 , 8) |
| 4. prosecution's objection to granting bail (Para 9 , 10 , 11) |
| 5. observations from the special court's finding (Para 12 , 13 , 14 , 15) |
| 6. discussion on the principle of parity (Para 22 , 23 , 24) |
| 7. court’s ruling regarding rights under the uapa and bail consideration. (Para 30) |
| 8. right to speedy trial and delays in prosecution (Para 35 , 36) |
| 9. final decision to grant bail with conditions (Para 45 , 46) |
JUDGMENT :
K.V. Jayakumar, J.
1. This appeal has been preferred by accused No.2 against the order of the Special Court for the Trial of NIA Cases, Ernakulam dated 11.04.2025 in Crl.M.P.No.106/2025 in S.C.No.1/2024/NIA. By the impugned order, the learned Special Judge dismissed the bail application filed by the appellant/accused No.2.
Prosecution Case
2. The prosecution case as revealed from the final report is as follows:
2.1 The Central Government received credible information that, an ISIS/IS-KP Module was working secretly with the purpose of committing acts prejudicial to the sovereignty an
The principle of parity in bail applications allows for equality among co-accused, emphasizing the right to a speedy trial and the unjust nature of prolonged incarceration without conviction.
Under UA(P) Act Section 43D(5), bail denied if charge-sheet shows prima facie true accusations of terrorist gang involvement; custody/delay insufficient absent changed circumstances; parity only for ....
Bail under the U.A.P. Act requires prima facie assessment of allegations; long custody or parity with co-accused do not automatically justify release.
Prolonged incarceration without trial may violate constitutional rights, enabling courts to grant bail, highlighting the balance between individual liberty and the severity of charges.
Prolonged pre-trial detention without reasonable trial prospects warrants constitutional safeguards, allowing for bail despite stringent statutory requirements under UAPA.
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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