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2022 Supreme(Mad) 2423

S. VAIDYANATHAN, A. D. JAGADISH CHANDIRA
Johnson Samuvel Appellant – Appellant
Versus
Union of India Rep by The Inspector of Police, Chennai – Respondent


Advocates appeared:
For the Appellant:G.V. Shoba, Advocate. For the Respondent: R. Karthikeyan, Special Public Prosecutor for NIA cases.

Judgement Key Points

Key Points: - The court considered the dropping of charges under the Unlawful Activities (Prevention) Act (UAPA) against the appellant and the implications for bail, speedy trial, and personal liberty. (!) (!) (!) - The court held that Section 43D(5) of UAPA does not by itself bar constitutional bail powers and emphasized balancing liberty with gravity of the offence and risk of tampering with evidence or witnesses. (!) (!) (!) - The court granted bail with specific conditions, noting that the charges against the appellant under UAPA were dropped and the appellant faced IPC charges (sections 120B, 465, 468 read with 109 IPC). (!) (!) (!) (!) - (!) - The decision referenced and applied principles from Ashim @ Asim Kumar Haranath and Sanjay Chandra regarding speedy trial and the right to liberty. (!) (!) (!) - The court required additional bail conditions to ensure presence and prevent tampering, including weekly presence, reporting, and prohibitions on new offences or communal agitation. (!) (!) (!) (!) - The judgment discusses the balance between grave economic offences and the accused’s personal liberty, citing Union of India v. K.A. Najeeb and Sundar Singh Bhati to support bail in light of speedy trial concerns. (!) (!) (!) - (!) (!) (!) - The appeal was allowed, with the Special Court’s bail denial reversed and the appellant released on bail pending trial under stringent conditions. (!) - (!) (!) - (!)

Question 1?

Question 2?

Question 3?


JUDGMENT

S. Vaidyanathan, J. & A.D. Jagadish Chandira, J.

1. The Appeal has been filed seeking to set aside the order dated 9.5.2022 passed by the Special Court under the National Investigation Agency Act, 2008 (Sessions Court for Exclusive Trial of Bomb Blast Cases), Poonamallee, Chennai in Crl.M.P.No.185 of 2022 and to enlarge the appellant on bail in Spl.S.C.No.1 of 2022 on the file of the respondent police.

2. Brief facts of the case are as under:-

i) One Mary Franciska Letchumanan (A1 in the case), a Sri Lankan Tamil was intercepted on 01.10.2021 at the Chennai Airport and enquiry by the Officers of the Foreigners Regional Registration Office, Chennai, revealed that she was possessing Indian Passport and Indian Voter ID, intentionally obtained concealing her nationality and producing fake and fabricated Indian identification documents.

ii) Thereupon, based on a written complaint lodged by Mr.K.G.Sadasivan, Assistant Foreigners Regional Registration Officer, Bureau of Immigration, Chennai Airport, a case in Chennai City QBranch CID Crime No.1 of 2021 for the offences under Sections 12(1)(b), 12(1-A) (a) of the Passport Act, 1967, r/w Sections 420, 465, 468 and 471 IPC r/w Se

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