Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. V. Jayakumar, Raja Vijayaraghavan V, JJ
T.K. Rajeevan, S/o Krishnan – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. facts of the case and criminal charges. (Para 1 , 2 , 3) |
| 2. arguments on the appellant's prolonged custody and lack of prima facie case. (Para 4 , 5 , 6 , 7) |
| 3. prosecution's claims of credible evidence and danger of bail. (Para 8 , 9) |
| 4. court's observations on the length of custody and trial status. (Para 10 , 11) |
| 5. legal precedents on the right to bail and article 21. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 6. court's order granting bail with conditions. (Para 20) |
JUDGMENT :
K. V. Jayakumar, J.
This criminal appeal is preferred by the 5th accused in Crl.M.P.No.214/2025 in S.C.No.2/2021 pending before the Special Court for Trial of NIA Cases, Ernakulam. The appellant, along with others, was discharged for the offences punishable under Section 120B, 121, 121A, 122 of the Indian Penal Code, Sections 18 , 18A, 20, 38 and 39 of the Unlawful Activities (Prevention) Act, 1967 [‘UA (P) Act’, for the sake of brevity], Section 27(1)(e)(iv) of the KERALA FOREST ACT and Section 7 r/w 27(2) of the ARMS ACT .
2. The prosecution case in brief is that, the accused, T. K. Rajeevan @ Manoj @ Udayan @ Ajmal, being a member of the proscribed terrorist organisation CPI(Maoist)
Prolonged pre-trial detention without reasonable trial prospects warrants constitutional safeguards, allowing for bail despite stringent statutory requirements under UAPA.
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 detention without trial infringes the right to life and liberty, allowing for bail despite statutory restrictions 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.
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.
Prolonged custody without trial can violate the right to speedy trial, justifying bail under UAPA despite serious allegations.
The court held that prolonged pre-trial detention without significant evidence warrants bail under Article 21, emphasizing the right to a speedy trial. Serious allegations alone do not justify denial....
Long custody without trial can justify bail under UAPA, emphasizing the right to speedy trial under Article 21 of the Constitution.
The court upheld the denial of bail to an accused charged with harboring a terrorist, emphasizing the severity of the allegations and the necessity of ensuring justice and public safety.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
