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IN THE HIGH COURT OF KERALA AT ERNAKULAM
RAJA VIJAYARAGHAVAN V., K.V.JAYAKUMAR
Sahad M, S/o Muhammed Basheer – Appellant
Versus
National Investigation Agency – Respondent
| Table of Content |
|---|
| 1. arguments presented by appellant's counsel for bail. (Para 5 , 6 , 7 , 10 , 11) |
| 2. court's observations regarding rights infringement and implications for bail grant. (Para 12 , 13 , 14 , 15 , 16 , 18) |
| 3. final ruling allowing bail under specified conditions. (Para 22) |
JUDGMENT :
This Criminal Appeal has been preferred under Section 21 of the National Investigation Agency Act, 2008.
3. In the above case, the appellant stands indicted for having committed offences punishable under Sections 120B, 34, 109, 115, 118, 119, 143, 144, 147, 148, 449, 153A, 341, 302, 201, 212 r/w. Section 149 IPC r/w. 302 IPC, Section 3 (a),(b),(d) r/w Section 7 of the Religious Institutions (Prevention of Misuse) Act, 1988, Sections 13, 16, 18, 18A, 18B, 20, 22C, 23, 38 and 29 of the Unlawful Activities (Prevention) Act, 1967 [for the sake of brevity, ‘UA(P) Act] and Section 25 (1) (a) of the Arms Act, 1959.
4.1. The Central Government received credible and actionable intelligence indicating that the office bearers, members, and cadres of the Popular Front of India (PFI)—a registered society—and its affiliated organisations in Kerala had conspired to instigate communal violence and radicalise
The court emphasized that constitutional rights to liberty prevail when trials are unduly prolonged, allowing bail despite serious terrorism charges.
The court may grant bail despite statutory restrictions under the UAPA if the accused's right to a speedy trial under Article 21 is infringed due to prolonged detention without reasonable trial prosp....
Prolonged pre-trial detention without trial completion justifies bail, emphasizing constitutional rights over statutory restrictions.
(1) Bail application – Question of grant of bail concern both liberty of individuals undergoing criminal prosecution as well as interest of criminal justice system in ensuring that those who commit c....
(1) Grant of bail – Question of discarding material or document at stage of considering bail application of accused on the ground of being not reliable or inadmissible in evidence, is not permissible....
The court emphasized that in terrorism-related cases, the gravity of charges and evidence against the accused necessitate denial of bail under Section 43D(5) of the UA(P) Act.
The court reaffirmed that anticipatory bail is not maintainable under Section 43D(4) of the UAPA in cases involving serious charges of terrorism, emphasizing the need for custodial interrogation in s....
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