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2023 Supreme(Mad) 3346

S. S. SUNDAR, SUNDER MOHAN
Asif Musthaheen – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
For the Appellants : T. Mohan, S. Veeraraghavan.
For the Respondent: A. Gokulakrishnan.

JUDGMENT :

SUNDER MOHAN, J.

1. The instant appeal has been preferred by the accused, challenging the order passed in Crl.M.P.No. 1328 of 2023 dated 17.04.2023, by the learned Principal District and Sessions Judge, Erode, dismissing the bail application filed by him.

2. The appeal arises under the following circumstances:

    (i) The appellant was arrested on 26.07.2022 at 6.00pm for the offences under Sections 121, 122 and 125 of the IPC r/w 18, 18A, 20, 38 and 39 of the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as the UA (P) Act). During the investigation, the appellant had preferred a bail application in Crl.M.P.No. 2361 of 2022, which was dismissed on 24.08.2022. Criminal Appeal preferred before this Court in Crl.A.No. 999 of 2022, against the said order was dismissed on 20.10.2022. The appellant challenged the order of this Court in SLP No. 10980 of 2022 before the Hon'ble Apex Court. The Hon'ble Apex Court dismissed the said bail application, holding that there was prima facie case against the appellant.

(ii) The appellant preferred Crl.M.P.No. 4081 of 2022, seeking bail under Section 167(2) of Cr.P.C. The said petition was dismissed on 05.01.2023 by the learn

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