The Madras High Court has granted bail to Mohammad Abbas, a lawyer based in Madurai, who was arrested by the National Investigation Agency (NIA) under the Unlawful Activities (Prevention) Act for his alleged links with the banned organization, Popular Front of India (PFI).
The bench of Justice M Sundar and Justice R Sakthivel allowed Abbas's appeal against the order of the Special Court under the National Investigation Agency Act, which had denied him bail. However, the court dismissed another quash petition filed by the lawyer, stating that arguments regarding malicious initiation of proceedings could be raised during the trial.
Abbas was among the five individuals arrested by the NIA in May in connection with a criminal conspiracy case related to the banned PFI. The arrests followed extensive searches that yielded incriminating materials, including sharp-edged weapons, digital devices, and documents.
During the proceedings, Abbas's counsel argued that he was being victimized as he used to appear for the PFI in court regularly. They also pointed out that although the agency knew about Abbas's alleged involvement, he was not made a party at the time of filing the chargesheet.
The NIA opposed this contention, asserting that they had acted appropriately and had sufficient incriminating evidence against Abbas, including an audio clip, which led to his arrest. The agency contended that the only ground on which quashing of proceedings was being sought was based on malice, which was generally not accepted as a valid ground for quashing.
After examining the materials available against Abbas and going through the audio clip, the court concluded that it was not sufficient to deny him bail under Section 43D(5) of the UAPA. The court also noted that the organization was banned by the government only after the filing of the FIR, and it was not designated as a terrorist organization as per the First Schedule of the Act; instead, it was declared an unlawful association.
Based on its assessment and following the determinants laid down in previous judgments, the court found in favour of Abbas's bail plea. The court granted bail on the condition that Abbas would execute a bond and provide two sureties for one lakh rupees to the satisfaction of the Special Court. Additionally, he was directed not to leave Chennai without prior permission and to appear and sign before the trial court every day. Abbas was also required to use only one mobile phone during the bail period and to keep the number active and charged at all times for contact purposes. Furthermore, he was instructed to surrender his passport before the trial court or, in the absence of a passport, file an affidavit before the trial court for verification with the Passport Officer.
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