IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 19.01.2026 CORAM :

THE HON'BLE MR. JUSTICE P.VELMURUGAN and THE HON'BLE MR. JUSTICE M.JOTHIRAMAN Crl.A.No.1877 of 2025 A.Alfasith … Petitioner / Accused Vs.

Union of India, Rep by is Deputy Superintendent of Police, National Investigation Agency, Chennai-600 010.

(Ref: R.C.No.03/2024/NIA/CHE) … Respondent / Complainant PRAYER: Criminal Appeal filed under Section 21(4) of National Investigation Agency Act, 2008 praying to set aside the order passed in Crl.M.P.No.274 / 2025 dated 13.10.2025 on the file of the Hon’ble Special Court under the National Investigating Agency Act, 2008, Sessions Court for Exclusive Trial for Bomb Blast Cases Chennai at Poonamallee, Chennai and grant bail to the appellant in Spl.C.C.No.05 of 2025, pending on the file of the learned Special Court under NIA Act.

For Appellant : Mr.I.Abdul Basith For Respondent : Mr.R.Karthikeyan, Special Public Prosecutor for NIA Cases

JUDGMENT

(Judgment of the Court was made by M.Jothiraman, J.)

This Criminal Appeal has been filed seeking to set aside the order passed in Crl.M.P.No.274 / 2025 dated 13.10.2025 on the file of the Hon’ble Special Court under the National Investigating Agency Act, 2008, Sessions Court for Exclusive Trial for Bomb Blast Cases Chennai at Poonamallee, Chennai and grant bail to the appellant in Spl.C.C.No.05 of

2025, pending on the file of the learned Special Court under NIA Act.

2. Brief case of the prosecution is that the appellant /petitioner, being a supporter and member of 15 organization, had allegedly downloaded ISIS related content from a social media channel and endorsed incriminating ideology of ISIS. The appellant and his associates created a Whatsapp group ‘Black Soldiers’ with an intention to carryout unlawful activities. The Black Soldiers group is a ISIS terrorist organisation protesting against NRC & CAA and thereby supporting Khilafath in India. The Black Soldiers group used to spread videos, images to the gullible Muslim youth with an intention to unrest in the civil society and threaten the unity, integrity and communal harmony of the country. Therefore, the appellant has been arrested in connection with R.C.No.03/2024 / NIA / CHE dated 10.12.2024 for the alleged offences under Sections 196, 353 of BNS and Sections 13, 38 and 39 of UAPA Act and remanded to judicial custody by the respondent on 28.01.2025. The respondent filed charge sheet against the appellant on 12.08.2025, charges were framed on 28.08.2025 and the case is pending trial.

3. According to the petitioner, he is an innocent and law abiding citizen and he has been falsely implicated in the case based on vague and rhetoric allegations and charge of conspiracy to commit terrorist attack based on communal profiling and stereotyping on the allegation of sharing videos shared from prescribed terrorist organization ISIS.

4. The respondent has filed an objection / counter before this Court denying the averments made in the bail petition as well as in this appeal by stating that the appellant and his associates actively involved in propagating and supporting the ideology of ISIS, a proscribed terrorist organisation. They recruited vulnerable youths with the intention of furthering the activities of ISIS in Tamil Nadu and other parts of India and thereby establishing Khilafath / Islamic rule in India. The appellant circulated many incriminating videos, documents, images etc., through a Whatsapp group called “Black Flag Soldiers” and “Marathadi Nanbargal” through which preaching of Zahram Hasim, the mastermind of the Easter Sunday Bomb Blast in Sri Lanka. The videos also included the activities of ISIS and preparation and explosion of bombs. According to the respondent, during the course of investigation, NIA has collected sufficient prosecutable evidence in the form of Oral and Documentary evidence and charge sheet has been filed against the accused on

25.07.2025.

5. The Court below, upon hearing either side, dismissed the bail appl