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IN THE HIGH COURT OF KERALA AT ERNAKULAM
RAJA VIJAYARAGHAVAN V, K.V.JAYAKUMAR
Anjaneyalu S/o. Nadipe Naganna – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
Raja Vijayaraghavan, J.
The above captioned Criminal Appeal is preferred by the 2nd accused in S.C.No.3/2022/NIA challenging the order dated 20.3.2025 in Crl. M.P.No.20/2025 on the file of the Special Court for Trial of NIA cases, as per which the application for regular bail preferred by the appellant was dismissed.
2. Gist of the prosecution allegation
2.1. Credible information was allegedly received by the Central Government concerning the involvement of a) Sanjay Deepak Rao @ Vikas, a Central Committee Member of the Western Ghats Special Zonal Committee (WGSZC) of the proscribed terrorist organization CPI (Maoist); b) Pinaka Pani @ Pani and Varalakshmi, members of the Revolutionary Writers Association, a frontal organization of CPI (Maoist) operating in Andhra Pradesh; c) Sreekanth of Wayanad; and d) Anjayanelu @ Anji @ Sudhakar of Andhra Pradesh, along with others were making efforts to radicalise Chaithanya @ Surya with a view to recruit him into the the proscribed terrorist organization CPI(Maoist) and to provide training with the objective to carry out acts so as to threaten the security, unity, integrity, and sovereignty of the Union of India.
2.2. Considering the g
Prolonged pre-trial detention violates the right to life and liberty; bail may be granted even for serious charges if trial delay is substantial.
Prolonged detention without trial infringes the right to life and liberty, allowing for bail despite statutory restrictions under UAPA.
Bail – Section 436-A of Cr.P.C. does not exclude offences under NDPS Act – Deprivation of personal liberty without ensuring speedy trial is not consistent with Article 21.
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.
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.
The court upheld the denial of bail for certain accused under the UA[P] Act, emphasizing the prima facie truth of serious charges and the right to a speedy trial, balancing individual liberty against....
The judgment establishes that prolonged pre-trial detention can infringe on the constitutional right to a speedy trial, justifying bail even under stringent laws.
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