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2021 Supreme(Online)(KER) 40178

HIGH COURT OF KERALA
K VINOD CHANDRAN, M.R.ANITHA, JJ
SHAFEEQ – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
SRI.P.C.NOUSHAD, SRI.E.A.HARIS; ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA; SRI.ARJUN AMBALAPATTA, SPL.PP FOR NIA CASES

JUDGMENT

Dated : 31st March 2021 M.R.Anitha, J.

1. This appeal has been filed against the order in Crl M.P.42/2020 in S.C.1/2015/NIA. The appellant is the 4th accused in the above case. The offence alleged against the appellant and other accused are under Secs 143, 147, 148, 120B, 341, 427, 323, 324, 326, 506(ii), 201, 202, 153A and 307 r/w 149 of IPC , Sec.3 of the Explosive Substances Act and Sec.15 r/w 16, 18, 18B, 19 and 20 of UA(P) Act.

2. Prosecution case is that in furtherance of common intention of causing a terrorist activity accused, along with others, hatched a criminal conspiracy on 4.7.2010 at about 8.00 am at Hostelpadi and attacked Prof.T.J.Joseph and chopped off his right palm on the allegation that he intentionally prepared question paper for college examination and one question allegedly contained some derogatory remarks against Profet Mohammed. The case was initially numbered as S.C.1/2013 against 37 accused and trial was conducted and 13 accused out of 31 accused were convicted for various charges as per judgment dated 30.4.2015.

Petitioner was accused No.30 in the final report and the case against the petitioner and five others were refiled as S.C.1/2015. Petiti

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