Prolonged detention under the Unlawful Activities (Prevention) Act warrants bail if the trial is unlikely to commence soon, balancing statutory restrictions against constitutional rights.

JUDGMENT

A.D.JAGADISH CHANDIRA , J. ,

This Criminal Appeal has been filed seeking to set aside the order of the learned Principal Sessions judge, Tirunelveli in Cr.M.P.No.2658 of 2025 dated 23.06.2025.

2. The brief facts of the case are as under:

2.1 Based on the complaint lodged by the defacto complainant Manikandan a case was registered on 16.11.2024 at 13.30 hrs in Crime No. 354 of 2024 under Section 3 of the Explosive Substances Act , 1908 on the file of the Melapalayam Police Station.

2.2.The defacto complainant who is the lessee of the Alangar theatre had taken the theatre on 12 years lease and after renovating had been running the same for three years. Ganguva featuring Surya and Amaran featuring Sivakarthikeyan were screened in the theatre and on 16.11.2024 at about 3.05a.m., watchman of the theatre had called him over phone and informed that two persons had hurled petrol bomb into the theatre and ran away and he had immediately gone to the theatre and intimated the same to the police and showed them the CCTV footage and he has given complaint and thereby requested the first respondent police to take action.

2.3 The case was taken up for investigation by the first respondent upon recovery of CCTV footages. A2/Mohamed Yusuf Raseen was arrested on 20.11.2024. A3/Syed Mohammed Buhari was arrested on 19.11.2024 respectively and remanded to judicial custody. Based on the investigation first respondent altered the sections of law into Section 196,113(2) of BNS along with Section 3 of Explosives Substance Act 1908 and alteration reports were filed before the learned Judicial Magistrate, Tirunelveli on 19.11.2024 and 20.11.2024 respectively. Subsequently pursuant to the chief officer proceedings in RC No.05915/Crime 3(2)/2024, dated 28.11.2024 investigation in this case was transferred to the second respondent and the second respondent took up the case for further investigation on 08.12.2024 and during the course of investigation further witnesses were examined and based on the materials gathered five other accused were arrested and remanded to judicial custody. Further based on the materials alteration report was filed invoking Sections 61(2),249,196 and 113(2)(b) of the BNS along with Section 3 of the Explosives Substances Act. The said alteration report was filed before the Judicial Magistrate Court No.V, Tirunelveli on25.01.2025.

2.4. During the course of investigation it had come to light that A1/Imthiyas who is the member of banned organization Al-Umma was the mastermind behind the incident. He was absconding for more than two months and was eventually arrested on 22.01.2025 and further A8/ Sadam Hussain @ Sadam who has harboured the other accused on instructions of A1/Imthiyas was formally arrested on 01.02.2025 while he was in custody in another case at Coimbatore, Central Prison in receipt of another case. A8/Sadam Hussain @ Sadam was produced through P.T.warrant on 05.02.2025 and he was remanded in the present case by the learned Judicial Magistrate on the same day. Subsequently application seeking custody of A8/Sadam Hussain @ Sadam was filed on 06.02.2025 and the same was allowed on 17.02.2025 and A8 was taken into one day custody on 18.02.2025. Whileso, the prosecution filed a petition in Cr.M.P.No.649 of 2025 under Section 193(9) of BNSS seeking extension of thirty days for completion of investigation and filing of final report on 14.02.2025 and the same was allowed by the learned Magistrate on 17.02.2025. Pursuant to the custodial interrogation of A8/Sadam Hussain @ Sadam based on the statement of witnesses and documents collected the investigation officer furth