Kerala High Court
Aboobacker Sidik P.K. @ Sidik ... vs National Investigation Agency, ... on 14 July, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
&
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
FRIDAY, THE 14TH DAY OF JULY 2023 / 23RD ASHADHA, 1945
CRL.A NO. 963 OF 2023
AGAINST THE ORDER DATED 09.06.2023 IN CRL.M.P.NO.269/2023 IN SC
2/2023 OF SPECIAL COURT FOR TRIAL OF NIA CASES,ERNAKULAM
APPELLANT/ACCUSED NO.17:
MUHAMMED SADIK
AGED 40 YEARS
S/O. ALIYARKUTTY,
MANNEZHUTHU THARA HOUSE, 17/709,
CHAVARA POST, KOLLAM,
KERALA - 691583.
BY ADVS.
THOMAS ABRAHAM (NILACKAPPILLIL)
ARUN TOM PHILIP
RESPONDENT/COMPLAINANT:
UNION OF INDIA
REPRESENTED BY NATIONAL INVESTIGATION AGENCY,
KOCHI, THROUGH THE SPECIAL PUBLIC PROSECUTOR,
NATIONAL INVESTIGATION AGENCY, KOCHI,
HIGH COURT OF KERALA, ERNAKULAM-682031,
BY ADV SASTHAMANGALAM S. AJITHKUMAR, SPECIAL P.P FOR
NIA CASES
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
14.07.2023, ALONG WITH CRL.A.995/2023, 1027/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Crl.Appeal Nos. 963, 995, 1027 and 1035 of 2023
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
&
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
FRIDAY, THE 14TH DAY OF JULY 2023 / 23RD ASHADHA, 1945
CRL.A NO. 995 OF 2023
AGAINST THE ORDER DATED 09.06.2023 IN CRL.M.P.NO.262/2023
IN SC 2/2023 OF SPECIAL COURT FOR TRIAL OF NIA CASES,
ERNAKULAM
APPELLANT/PETITIONER/ACCUSED NO.42:
MUHAMMED SHAJID K
AGED 26 YEARS
S/O.MUHAMMED ALI, KUTTIKKADAN HOUSE, KONDOOR
KARA, PATTAMBI, PALAKKAD DISTRICT., PIN - 679313
BY ADVS.
NIREESH MATHEW
RESPONDENT/COMPLAINANT:
NATIONAL INVESTIGATION AGENCY
KOCHI, REPRESENTED BY ITS SPECIAL PUBLIC
PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,
KOCHI., PIN - 682031
BY ADV SASTHAMANGALAM S. AJITHKUMAR, SPECIAL P.P
FOR NIA CASES
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
14.07.2023, ALONG WITH CRL.A.963/2023 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Crl.Appeal Nos. 963, 995, 1027 and 1035 of 2023
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
&
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
FRIDAY, THE 14TH DAY OF JULY 2023 / 23RD ASHADHA, 1945
CRL.A NO. 1027 OF 2023
AGAINST THE ORDER DATED 09.06.2023 IN CRL.M.P.NO.266/2023
IN SC 2/2023 OF SPECIAL COURT FOR TRIAL OF NIA
CASES,ERNAKULAM
APPELLANT/57TH ACCUSED:
ABOOBACKER SIDIK P.K. @ SIDIK THOTTINKARA
AGED 38 YEARS
S/O ABDU, PONNATHKUZHIYIL HOUSE,
THOTTINKARA, MUTHUTHALA,
KODUMANDA, PATTAMBI, PALAKKAD, PIN - 679303
BY ADVS.
C.Y.VINOD KUMAR
SATHEESH V.T.
RESPONDENT/COMPLAINANT:
NATIONAL INVESTIGATION AGENCY, KOCHI
THROUGH SPECIAL PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
BY ADV SASTHAMANGALAM S. AJITHKUMAR
BY ADV SASTHAMANGALAM S. AJITHKUMAR SPECIAL P.P
FOR NIA CASES
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
14.07.2023, ALONG WITH CRL.A.963/2023 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Crl.Appeal Nos. 963, 995, 1027 and 1035 of 2023
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
&
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
FRIDAY, THE 14TH DAY OF JULY 2023 / 23RD ASHADHA, 1945
CRL.A NO. 1035 OF 2023
AGAINST THE ORDER DATED 09.06.2023 IN CRL.M.P.NO.265/2023
IN SC 2/2023 OF SPECIAL COURT FOR TRIAL OF NIA
CASES,ERNAKULAM
APPELLANT/PETITIONER/ACCUSED NO.32:
RISHIL
AGED 26 YEARS
S/O SAHABUDHEEN, RINEESH MANZIL,
PARAKKUNNAM, KOPPAM, PALAKKAD, PIN - 678001
BY ADVS.
C.Y.VINOD KUMAR
SATHEESH V.T.
RESPONDENT/RESPONDENT/COMPLAINANT:
NATIONAL INVESTIGATION AGENCY, KOCHI
THROUGH SPECIAL PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
BY ADV SASTHAMANGALAM S. AJITHKUMAR, SPECIAL P.P
FOR NIA CASES
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
14.07.2023, ALONG WITH CRL.A.963/2023 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Crl.Appeal Nos. 963, 995, 1027 and 1035 of 2023
5
P.B.SURESH KUMAR & C.S.SUDHA, JJ.
-----------------------------------------------------
Crl.Appeal Nos. 963, 995, 1027 and 1035 of 2023
-----------------------------------------------------
Dated this the 14th day of July, 2023
JUDGMENT
C.S.Sudha, J.
These criminal appeals are against the order dated 09/06/2023 in
Crl.M.P.No.269/2023, Crl.M.P.No.262/2023, Crl.M.P.No.266/2023 and
Crl.M.P.No.265/2023 in S.C.No.2/2023 NIA on the file of the Special Court
for the trial of NIA cases, Ernakulam. The appellants are accused number
17, 42, 57 and 32 respectively in S.C.No.2/2023. They were granted pardon
by the Special Court under Section 307 Cr.P.C. Thereafter, the appellants
moved applications for bail, which applications were rejected by the
impugned orders. Aggrieved by the same, the appellants have come up in
appeal.
2. Sri.Sasthamangalam S. Ajithkumar, the learned Special Public
Prosecutor, NIA, submitted that in the light of the dictum in Shammi Firoz
v. National Investigation Agency, 2010 (4) KHC 319, the request for bail
Crl.Appeal Nos. 963, 995, 1027 and 1035 of 2023
moved by the appellants is not opposed by the NIA and that they may be
granted bail.
3. In the result, the appellants are directed to be released on bail
on their executing a bond for ₹1,00,000/- (Rupees One lakh only) each with
two solvent sureties for the like amount to the satisfaction of the Special
Court for Trial of NIA cases, Ernakulam, in the case subject to the
following conditions:-
(i) The appellants shall file affidavits before the trial court
undertaking that their release would be at their own risk.
(ii) The appellants shall report before the Chief Ministerial
Officer of the trial court between 10 a.m and 1 p.m on all
Saturdays until exempted by the trial court.
(iii) The appellants shall not influence or intimidate the
prosecution witnesses nor shall attempt to tamper with the
evidence of the prosecution.
(iv) The appellants shall remain confined to the limits of
Ernakulam District until further orders to be passed by the
trial court.
(v) The appellants shall not attempt to communicate or
Crl.Appeal Nos. 963, 995, 1027 and 1035 of 2023
establish any contact with any of the accused persons in
the above crime.
(vi) The appellants shall not commit any offence while on bail.
(vii) The appellants shall surrender their passports before the trial
court.
Interlocutory applications, if any pending, shall stand closed.
Sd/-
P.B. SURESH KUMAR
JUDGE
Sd/-
C.S.SUDHA
JUDGE
Jms/14.07
Crl.Appeal Nos. 963, 995, 1027 and 1035 of 2023
APPENDIX OF CRL.A 995/2023
PETITIONER ANNEXURES
Annexure-1 TRUE PHOTOCOPY OF THE ORDER DATED
11.05.2022 IN CRL.M.P. NO. 1761/2022
PASSED BY THE JUDL. FIRST CLASS
MAGISTRATE COURT-III, PALAKKAD.
Annexure-2 TRUE PHOTOCOPY OF THE ORDER DATED
11.07.2022 IN B.A NO. 3996/2022 PASSED
BY THIS HON'BLE COURT.
Annexure-3 TRUE PHOTOCOPY OF THE ORDER DATED
15.03.2023 IN B.A NO. 6736/2022 PASSED
BY THIS HON'BLE COURT.
Crl.Appeal Nos. 963, 995, 1027 and 1035 of 2023
APPENDIX OF CRL.A 1027/2023
PETITIONER ANNEXURES
Annexure A1 FREE COPY OF THE ORDER DATED 09/06/23
IN CRL. M.P. NO. 266/23 IN SC NO.
2/2023/NIA ON THE FILES OF SPECIAL
COURT FOR THE TRIAL OF NIA CASES,
ERNAKULAM
Crl.Appeal Nos. 963, 995, 1027 and 1035 of 2023
APPENDIX OF CRL.A 1035/2023
PETITIONER ANNEXURES
Annexure A1 FREE COPY OF THE ORDER DATED 09/06/23
IN CRL. M.P. NO. 265/23 IN SC NO.
2/2023/NIA ON THE FILES OF SPECIAL
COURT FOR THE TRIAL OF NIA CASES,
ERNAKULAM
