1. The Petitioner/ Accused No.9 filed this Criminal Revision under Section 397 r/w 401 of Cr.P.C. praying this Hon’ble Court to set aside the order passed in Crl.M.P.No.223 of 2017 in C.C.No.1 of 2016 dated 18.12.2017 on the file of the Learned Special Judge for Bomb Blast and NIA Cases, Poonamallee.

2.On 18.07.2014, one Suresh Kumar done to death by three persons, for which a case in Crime No.746 of 2014 registered by the respondent police under Sections 341, 307, and 302 of I.P.C on the file of the T2 Ambattur Estate Police Station, Chennai. The Petitioner who was arrayed as Accused No.9 arrested by the Respondent police on 07.08.2014 and on further investigation the FIR was altered in to Sections 341, 307, 302 r/w, 153-A and 120B of IPC and 16(1)(a), 17, 18 and 20 of Unlawful Activities (Prevention) Act (herein after referred as “UAP” Act). Totally sixteen accused were arrested and Final Report was filed before the learned Principal District Sessions Judge, Thiruvallur on 12.01.2015.

3. One Accused No.16 namely Abdulla moved bail application before the learned Principal District Sessions Judge, Thiruvallur and the same was dismissed in Crl.M.P.No.1021 of 2015 dated 30.04.2015. Against the order of dismissal, he moved bail before this Court wherein the learned Single Judge of this Court after hearing the arguments of both the parties, transferred the bail petition to the Hon'ble Division Bench of this Court on the ground that the offence involved in this case is a Scheduled offence mentioned in the Schedule appended to the National Investigation Agency Act (herein after referred as “NIA” Act) and therefore Appeal would be the option as per Section 21 of the NIA Act. Hence the bail application was converted in to Criminal Appeal and the Registry transferred the same before the Hon'ble Division Bench. In the meantime, other bail applications filed by some of the Accused also tagged along with Criminal Appeal Nos. 243, 340 and 524 of 2015. The Hon’ble Division Bench, suo moto impleaded the Union of India, Represented by its Secretary, Ministry of Home Affairs, New Delhi as 2nd Respondent.

In para 3 of the Counter affidavit filed by the 2nd Respondent stated as follows:-

“3. It is submitted that the Government of Tamil Nadu has informed the answering respondent as per section 6(2) of the NIA Act about invocation of the schedule offence in the case Crime No. 746 of 2014 registered in Ambattur Police Station vide letter No.40131 A/Pol. VII/2015-1 dated 24.06.2015 which was received by the answering respondent on 24.08.2015. After examination of the said report of the State Government, it is observed that sections 16(1) (a), 17, 18 & 20 of the UAPA have been invoked in the case which is schedule offences as per the NIA Act, 2008. Keeping in view the fact that Charge Sheet has already been filed in this case by the State Government, the answering respondent is of opinion that the case should continue to be investigated and prosecuted by the Government of Tamil Nadu.”

4. The Learned Counsel for the Petitioner would further submits the Hon’ble Division Bench extensively heard the submission of both parties with regard to the applicability of NIA Act and UAPA Act including the power vested with the State Government as per Section 22 of the NIA Act and in its judgment, the Hon’ble Division Bench was pleased to hold that the provisions of the National Investigation Agency Act will not be applicable and Criminal Procedure Code alone is applicable. The Hon’ble Division Bench of the Madras High Court in its Order dated 01.09.2015 in Criminal Appeal Nos.243, 340 and 524 of 2015 stated as follows:

“5. First respondent/State Government has filed counter in all the cases. Second respondent/Central Government has filed counter in Crl.A.Nos. 243 and 340 of 2015. As all these appeals arise in respect of the same crime number, the counters filed in Crl.A.No. 243 and 340 of 2015 by Second Respondent, may be read as applicable in Crl.A.No. 524 of 20