Kerala High Court
Jaleel P vs Union Of India on 13 September, 2024
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
Crl.A.Nos.1198/2024, 1591/2024 & 1593/2024 1
2024:KER:69872
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946
CRL.A NO.1198 OF 2024
CRIME NO.2/2022 OF NATIONAL INVESTIGATION AGENCY KOCHI,
ERNAKULAM
ARISING OUT OF THE ORDER DATED 23.04.2024 IN CRMP 143/2024
IN SC NO.2/2023 OF SPECIAL COURT FOR TRIAL OF NIA CASES,
ERNAKULAM
APPELLANT :
JALEEL P.
AGED 38 YEARS
S/O.KUNHIMUHAMMED, PERUMBILAYIL HOUSE,
MOOZHIKKAL, MAMBURAM, CHEMMAD P.O., THIRURANGADI,
MALAPPURAM DISTRICT, PIN - 676306
BY ADVS.
E.A.HARIS
P.P.HARRIS
RENJITH B.MARAR(K/000240/2003)
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY SUPERINTENDENT OF POLICE, NATIONAL
INVESTIGATION AGENCY, KOCHI, PIN - 682020
2 INSPECTOR OF POLICE
NATIONAL INVESTIGATION AGENCY, NIA KOCHI UNIT,
KOCHI, PIN - 682020
Crl.A.Nos.1198/2024, 1591/2024 & 1593/2024 2
2024:KER:69872
BY ADVS.
SREENATH S
SASTHAMANGALAM S. AJITHKUMAR (SR.), SC
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON
10.09.2024, ALONG WITH CRL.A.NOS.1591/2024 AND 1593/2024,
THE COURT ON 13.09.2024 DAY DELIVERED THE FOLLOWING:
Crl.A.Nos.1198/2024, 1591/2024 & 1593/2024 3
2024:KER:69872
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946
CRL.A NO. 1591 OF 2024
CRIME NO.2/2022 OF NATIONAL INVESTIGATION AGENCY KOCHI,
ERNAKULAM
ARISING OUT OF THE ORDER DATED 01.08.2024 IN CRMP
291/2024 IN SC NO.2 OF 2023 OF SPECIAL COURT FOR TRIAL OF
NIA CASES,ERNAKULAM
APPELLANTS:
SHIHAB P
AGED 42 YEARS
S/O.ABOOBAKKAR, NADUKANDI, PARACHERI HOUSE,
ARAVANKARA, PUKKOTTUR P.O.,
MALAPPURAM DISTRICT, PIN - 676517
BY ADVS.
E.A.HARIS
RENJITH B.MARAR
P.P.HARRIS
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY SUPERINTENDENT OF POLICE, NATIONAL
INVESTIGATION AGENCY, KOCHI, PIN - 682020
2 INSPECTOR OF POLICE
NATIONAL INVESTIGATION AGENCY, NIA KOCHI UNIT,
KOCHI, PIN - 682020
Crl.A.Nos.1198/2024, 1591/2024 & 1593/2024 4
2024:KER:69872
BY ADVS.
SREENATH S
SASTHAMANGALAM S. AJITHKUMAR (SR.), SC
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON
10.09.2024, ALONG WITH CRL.A.NO.1198/2024 AND CONNECTED
CASE, THE COURT ON 13.09.2024 DELIVERED THE FOLLOWING:
Crl.A.Nos.1198/2024, 1591/2024 & 1593/2024 5
2024:KER:69872
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946
CRL.A NO. 1593 OF 2024
CRIME NO.2/2022 OF NATIONAL INVESTIGATION AGENCY KOCHI,
ERNAKULAM
AGRISING OUT OF THE ORDER DATED 25.07.2024 IN CRMP
286/2024 IN IN SC NO.2 OF 2023 OF SPECIAL COURT FOR TRIAL
OF NIA CASES,ERNAKULAM
APPELLANT:
KAJA HUSSAIN
AGED 37 YEARS
S/O.ABDUL JABBAR, 4/260, SANGHUVARAMEDU,
KALPATHY P.O., PALAKKAD, PIN - 678003
BY ADVS.
E.A.HARIS
RENJITH B.MARAR
P.P.HARRIS
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY SUPERINTENDENT OF POLICE, NATIONAL
INVESTIGATION AGENCY, KOCHI, PIN - 682020
2 INSPECTOR OF POLICE
NATIONAL INVESTIGATION AGENCY, NIA KOCHI UNIT,
KOCHI, PIN - 682020
Crl.A.Nos.1198/2024, 1591/2024 & 1593/2024 6
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BY ADVS.
SREENATH S
SASTHAMANGALAM S. AJITHKUMAR (SR.), SC
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON
10.09.2024, ALONG WITH CRL.A.1198/2024 AND CONNECTED CASE,
THE COURT ON 13.09.2024 DELIVERED THE FOLLOWING:
Crl.A.Nos.1198/2024, 1591/2024 & 1593/2024 7
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JUDGMENT
Dated this the 13th day of September, 2024
Syam Kumar V.M., J.
The appellants before us impugn the orders passed by the
Special Court for the Trial of NIA Cases, Ernakulam, in
S.C.No.02/2023/NIA/KOC, dismissing the bail application preferred
by them under Section 439 of the Code of Criminal Procedure, by
relying on the provisions of Section 43D (5) of the Unlawful Activities
(Prevention) Act, 1967 [hereinafter referred to as the "UA (P) Act"].
2. Brief facts necessary for the consideration of these appeals
are as follows:
On 16.04.2022, an RSS worker Srinivasan, was murdered at
Melamuri Junction in Palakkad Town in Kerala, allegedly by members
of the Popular Front of India [PFI] cadres. An FIR No.318/2022 dated
16.04.2022 was registered at Palakkad Town South Police Station
under Sections 120B, 34, 118, 119, 109, 115, 143, 144, 147, 148,
449, 341, 201, 212, 302 r/w with 149 of the Indian Penal Code and
Section 3(a)(b)(d) r/w with 7 of the Religious Institutions (Prevention
of Misuse) Act, 1988. Pursuant to the investigation conducted in the
said case, 51 persons were arraigned as accused by the State and 44
among them were arrested. Thereafter, based on an order dated
16.09.2022 passed under Section 6(5) read with Section 8 of the
National Investigation Agency Act, 2008 which in turn based itself on
Crl.A.Nos.1198/2024, 1591/2024 & 1593/2024 8
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the information received by the Central Government that the office
bearers and cadres of PFI and its affiliates in Kerala have conspired
to instigate communal violence and radicalise its cadres to commit
terrorist acts in the State of Kerala and various other parts of the
country, lodged FIR No.RC-02/2022/NIA/KOC dated 19.09.2022 at the
NIA Police Station, Kochi against the same accused, under Sections
120B and 153A of the IPC read with Sections 13, 18, 18B, 38 and 39
of the UA (P) Act. Subsequently, on 28.09.2022, the Central
Government declared PFI as an unlawful Association.
3. NIA filed the respective charge sheets before the Special
Court, and the appellants/accused preferred their applications under
Section 439 of the Cr.PC seeking bail. The Special Court rejected
their bail applications. These appeals are filed impugning the Orders
of the Special Court rejecting their bail applications.
4. We have heard Sri.Renjith B. Marar, the learned counsel for
the appellants/accused and the learned Senior Counsel Sri.
Sasthamangalam S. Ajithkumar for the prosecution.
5. At the outset we note that certain other accused in the very
same S.C.No.02/2023/NIA/KOC pending before the Special Court for
the Trial of NIA Cases, Ernakulam, had moved this Court earlier
challenging similar orders of dismissal of their bail applications by
the Special Court. The said appeals were considered and disposed of
by this Court vide common judgment dated 25.06.2024 in
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Crl.A.Nos.1441 and 1600 of 2023, 139, 619, 620, 623, and 628 of
2024. In the said common judgment, this Court had after a survey of
the dictum laid down in Kaushal Kishor v. State of U.P. and
others [(2023) 4 SCC1], National Investigation Agency v. Zahoor
Ahmad Shah Watali - [2019 KHC 6384], Thwaha Fasal and
another v. Union of India and Another - [2021 (6) KHC 228],
Union of India v. K.A. Najeeb - [AIR 2021 SC 712], Vernon v.
State of Maharashtra - [2023 KHC 6743], Union of India v.
Barakathullah - [2024 KHC OnLine 6313], Amar Singh Yadav and
another v. Shanti Devi and Others- [AIR 1987 Pat 191 (FB)]; UOI
v. K.A. Najeeb - [(2021) 3 SCC 713]; Shoma Kanti Sen v. State of
Maharashtra - [2024 KHC 6182]; Gurwinder Singh v. State of
Punjab and another - [(2024) SCC Online SC 109] culled out the
essential principles that ought to be borne in mind while considering
bail applications wherein there is an interplay of Section 439 of the
Cr. P.C. and Section 43D (5) of the UA(P) Act. The guiding principles
enumerated in the said judgment are as follows:
• That the liberty of a citizen is put at a very high pedestal in
our country, and that treatment flows from the mandate of
Article 21 of our Constitution;
• That the right to a fair trial is an integral aspect of the right
under Article 21 and, save in exceptional circumstances where
a statutory restriction operates if an accused is not enlarged
on bail prior to his trial, he will not be in a position to
effectively defend himself at the trial;
• That there is a cardinal presumption of innocence working in
favour of an accused under our laws, which is dislodged only
when the accused is found guilty of the offence beyond
Crl.A.Nos.1198/2024, 1591/2024 & 1593/2024 10
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reasonable doubt, and convicted by a court of competent
jurisdiction;
• That pre-trial detention is not meant to be punitive in its
effect;
• That for determining whether there are reasonable grounds
for believing that the accusation against the accused person is
prima facie true, we have to peruse the materials forming part
of the charge sheet against the accused, and record a broad
finding, on the basis of broad probabilities, regarding the
involvement of the accused in the commission of the stated
offence or otherwise.
• That the degree of satisfaction to be recorded by the court,
for opining that there are reasonable grounds for believing
that the accusation is prima facie true, is lighter than the
degree of satisfaction to be recorded for considering a
discharge application or framing of charges in relation to
offences under the UA (P) Act.
• That while examining the materials relied upon to support
the allegation of terrorism-related offences against the
accused, the court has to guard against ideological biases and
false narratives that are prevalent in society. Further, while
arriving at the belief that the accusation against the accused
person is prima facie true, the court has to lean in favour of
the fundamental rights of the accused and not in favour of the
restrictions that can be imposed on those rights.
• That, in the event we find that there are no reasonable
grounds for believing that the accusation against the accused
person is prima facie true, a balancing has to be done between
(i) the need to give the investigating authorities a reasonable
time to complete their investigation after taking note of the
stage of investigation and the materials obtained by them, (ii)
the possibility of the accused tampering with the evidence or
witnesses, and (iii) the likelihood of the accused fleeing from
justice.
In the said judgment, this Court also summarized the major premises
on which such bail applications are to be entertained and disposed
of, which reads as follows:-
29. Proceeding thus, we feel that it is only in
respect of those appellants/accused, against whom
the material relied upon by the prosecution, when
Crl.A.Nos.1198/2024, 1591/2024 & 1593/2024 11
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taken as a whole, crosses the threshold of 'general
allegations coupled with overt acts that would
clearly suggest the complicity of the accused in
the offence with which he is charged', that we can
say with any degree of conviction that there are
reasonable grounds for believing that the
accusation against that person is prima facie true.
In other words, there has to be some
corroborative material, other than mere
statements of witnesses, to show that there were
overt acts or acts of active participation by the
appellants/accused, such as authorship of
offensive documents and/or speeches, in order to
deny them bail.
30. In the case of those persons against whom the
material relied upon by the prosecution comprises
only of statements of witnesses and/or documents
and material objects that cannot be attributed to
them in any manner, we will have to enlarge them
on bail, more so because we find that the
appellants/accused before us have suffered
incarceration for over a year, and in many cases
more than two years, and it is very unlikely that
the trial in their cases will be concluded in the
near future.
6. With the said normative guidance in mind, we now proceed
to consider the sustainability of the Orders passed by the Special
Court rejecting the bail applications of the appellants in the backdrop
of the charges and evidence mustered against each of the
appellants/accused in these appeals. In the paragraphs that are to
follow, we have narrated the charges levelled against each of the
appellants/accused, the objections raised by the prosecution to the
grant of bail to them, the material relied upon by the prosecution to
justify their objection, and our reasons for the grant/denial of bail to
them.
Crl.A.Nos.1198/2024, 1591/2024 & 1593/2024 12
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7. Crl.A.No.1593 of 2024:
Appellant- Kajahussain @ Robot Kaja (A-30 now A-26)
Charge : a) That, the accused Kajahussain @ Robot Kaja
(A-30) being a member and 'Reporter' of PFI, knowingly
and intentionally became a member of terrorist gang
formed by PFI to commit terrorist act as a part of larger
conspiracy hatched by PFI and its office bearers and
cadres since last few years to enact their "India 2047"
agenda of establishing Islamic Rule in India. Being a
member of terrorist gang, in furtherance to the larger
conspiracy, he attended conspiracy meetings at Palakkad
on 15th and 16th of April 2022 for committing terrorist
act by murdering any available Hindu Leader with the
intention of creating terror in the minds of the Hindu
community and among public at large which resulted in
the murder of Srinivasan on 16.04.2022 by PFI cadres.
He provided his white Activa Scooter having Regn. No.
KL-09-AK-6726 to Noushad (A-53) and Basheer (A-54) on
15.4.2022 for conducting recce of targets to eliminate
and also provided the same vehicle to A-20 (identifiable
person) and Abdul Khader (A-21) on 16.4.2022 for
committing terrorist act of murdering Srinivasan. He
confirmed the presence of victim Srinivasan at Melemuri,
Palakkad on 16th April, 2022 and communicated to
Aboobacker Siddique (A-57) who communicated the same
to Abdul Rasheed (A-28) and CA Rauf (A-12) based on
which assailants located the victim Srinivasan and
committed terrorist act on 16.4.2022 by murdering him.
He committed acts prejudicial to the maintenance of
harmony between different religious groups and has
Crl.A.Nos.1198/2024, 1591/2024 & 1593/2024 13
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disturbed the public tranquillity in the State at large.
b) That, the accused Kajahussain @ Robot Kaja (A-30)
along with 43 other co-accused were already charge
sheeted by Kerala Police in connected offence in Crime
No. 318/2022 of Palakkad Town South Police Station
under section 120B, 34, 118, 119, 109, 115, 143, 144,
147, 148, 449, 341, 201, 212, 302 r/w 149 of IPC and
Section 3(a)(b)(d) r/w 7 of the Religious Institutions
(Prevention of Misuse) Act, 1988, wherein, the offence
committed by Kajahussain @ Robot Kaja (A-30) in the said
connected offence has been enumerated in detail in that
charge-sheet.
c) Therefore, accused Kajahussain @ Robot Kaja (A-
30) committed offences punishable under sections 153A
of IPC and sections 13, 16, 18 & 20 of UA (P) Act along
with additional offences under section 120B, 34, 118,
119, 109, 115, 143, 144, 147, 148, 449, 341, 201, 212,
302 r/w 149 of IPC and Section 3(a)(b)(d) r/w 7 of the
Religious Institutions (Prevention of Misuse) Act, 1988 as
charge sheeted by the Kerala Police in connected offence
in Crime No. 318/2022 of Palakkad Town South Police
station.
Objection:
(i) Accused Kajahussain @ Robot Kaja (A-30, now A-26)
the petitioner herein, is a member of terrorist gang
formed by PFI to commit terrorist act as a part of larger
conspiracy hatched by PFI and its office bearers and
cadres since last few years to enact their "India 2047"
Crl.A.Nos.1198/2024, 1591/2024 & 1593/2024 14
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agenda of establishing Islamic Rule in India, and being a
member of terrorist gang, he attended conspiracy
meetings at Palakkad on 15th and 16th of April 2022 for
committing terrorist act of murder of Srinivasan on
16.04.2022 by PFI cadres. The Statements of Protected
Witness 25, 36 and 38, clearly stated about the presence
of accused Kajahussain @ Robot Kaja (A-30, now A-26)
the petitioner herein, in the criminal conspiracy on
15.04.2022 at 22.00 Hrs along with the assailants Abdu
Rahman (A- 18, now A-17), Muhammed Manzoor (A-23,
now A-21), Bilal (A-24, now A-22), PFI leaders Yahiya
Koya Thangal (A-11), CA Raoof (A-12), Ameer Ali (A-60,
now A-55), Aboobacker Sidik (A-57, now A-5), and other
accused near the mortuary gate of District Hospital
Palakkad and Khabaristhan near to there. Protected
Witness 22 and 36, CW-37 and CW-38 are clearly stated
about the presence of accused Kajahussain @Robot Kaja
(A-30, now A-26) the petitioner herein, at the place of
criminal conspiracy along with the assailants Ummar @
Manu (A19, now A-18), Iqbal (A-21, now A-19),
Muhammed Manzoor (A-23, now A- 21), Riyasudeen (A-
26, now A-24), PFI leaders CT Sulaiman (A-14), Mujeeb
(A-7), Ansari (A-6), Abdul Vahab (A-15), and other accused
at the vacant Place behind District Hospital, Palakkad on
the noon of 16.04.2022 (i.e, just one hour before the
murder of Srinivasan). Protected Witness -37 also seen
the movement of assailants from the conspiracy place to
scene of crime by motor cycles.
(ii) Approver Aboobacker Siddik (A-52) clearly stated
that "The plan was to kill anyone. The decision to kill
Crl.A.Nos.1198/2024, 1591/2024 & 1593/2024 15
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Srinivasan was taken while at hospital premises and
behind the hospital. The place near Khabrishtan
(Cemetery) where accused Kajahussain Robot Kaja (A-30,
now A-26) the petitioner herein, assailants Abbu Rahman
@ Adru (A-17), Ummar T (A-18), Muhammed Mansoor (A-
21) Muhammed Bilal (A-22) and others conspired and
from where the accused further proceeded to recce the
target to eliminate, on 15.4.2022 has been disclosed and
pointed out by the accused Muhammed Bilal (A-22) vide
disclosure cum scene mahazar dated 22.4.2022 (D-16).
Based on the disclosure of the accused Muhammed
Riswan @ Riswan (A-42) regarding the conspiracy place
where PFI leaders and cadres including Kajahussain @
Robot Kaja (A-30, now A-26), the petitioner herein
conspired and decided to murder Srinivasan on
16.4.2022, scene mahazar (D-13) has been prepared on
22.4.2022, at a vacant land near District Hospital
Palakkad.
(iii) Accused Kajahussain @ Robot Kaja (A-30, now A-26),
the petitioner herein, confirmed the presence of victim
Srinivasan at Melemuri, Palakkad on 16th April, 2022 and
communicated to Aboobacker Siddique (A-57, now A-52)
who communicated the same to Abdul Rasheed (A-28)
and CA Rauf (A-12) based on which assailants located the
victim Srinivasan and committed terrorist act on
16.4.2022 by murdering him. -(Statement of approver
Aboobacker Siddik and CDR location and contacts of the
petitioner - D-522, D-523, D-562,D-1441, D-1442,1451).
(iv) Approver Aboobacker Siddik (A-57) clearly stated
Crl.A.Nos.1198/2024, 1591/2024 & 1593/2024 16
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that "an attempt was made at Ottappalam in the morning
on 16th April. That attempt also failed. As the attempt
failed on 16th, a deliberate delay made to take Subair's
body. I entrusted Kaja Hussain @ Robot Kaja to locate
Srinivasan. I handed over the information regarding the
location of Srinivasan received from Kaja Hussain to CA
Rauf and Rasheed. The CDR location and contacts of
Mobile No.9746873199 of accused Kajahussain @ Robot
Kaja (A-30, now A-26), the petitioner herein, on
16.04.2022 between 06.31.08 hrs to 06.47.35 hrs (D-522,
D-523, D-562,D-1441, D-1442,1451) clearly established
that he had located and confirmed the presence of victim
Srinivasan at Melemuri, Palakkad on 16th April, 2022 and
communicated to Aboobacker Siddique (A-57) who
communicated the same to Abdul Rasheed (A-28) and CA
Rauf (A-12) based on which assailants located the victim
Srinivasan and committed terrorist act of murder of
Srinivasan on 16.4.2022.
(v) Accused Kajahussain @ Robot Kaja (A-30, now A-26),
the petitioner herein, provided his white Activa Scooter
having Regn No. KL-09-AK- 6726 to Noushad (A-53, now
A-48) and Basheer (A-54, now A-49) on 15.4.2022 for
conducting recce of targets to eliminate and also
provided the same vehicle to A-20 (identifiable person)
and Abdul Khader (A-21. now A-19) on 16.4.2022 for
committing terrorist act of murdering Srinivasan. - The
Statement of CW-31 established the user of vehicle KL-09
AK-6726 scooter which was used by assailants for travel
belongs to the accused Kajahussain @ Robot Kaja (A-30,
now A-26), the petitioner herein. The said motor cycle
Crl.A.Nos.1198/2024, 1591/2024 & 1593/2024 17
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Activa KL-9-AK-6726 has been recovered based on the
disclosure of assailant Abdul Khader@ Iqbal (A-21, now A-
19) vide recovery mahazar dated 25.04.2022 (Doc-26).
Appellant: Jaleel P. (A66 now A-59)
Charge: a) That, the accused Jaleel P (A-66) being
an active cadre of PFI, knowingly and intentionally
became a member of terrorist gang formed by PFI
to commit terrorist act as a part of larger
conspiracy hatched by PFI and its office bearers
and cadres since last few years to enact their "India
2047 agenda of establishing Islamic Rule In India.
In furtherance to the larger conspiracy, he attended
the conspiracy meetings held at Palakkad on 16th of
April 2022 for committing terrorist act by
murdering any available Hindu Leader with the
intention of creating terror in the minds of the
Hindu community and among public at large which
resulted in the murder of Srinivasan on 16.04.2022
by PFI cadres. In furtherance to the conspiracy, he
knowingly and intentionally harboured Khaja
Hussain (A-30), in his house, after commission of
the terrorist act. He committed acts prejudicial to
the maintenance of harmony between different
religious groups and has disturbed the public
tranquility in the State at large.
b) That, the accused Jaleel P (A-66) along with 43
other co-accused were already charge sheeted by
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2024:KER:69872
Kerala Police in connected offence in Crime No.
318/2022 of Palakkad Town South Police Station
under section 120B, 34, 118, 119, 109, 115, 143,
144, 147, 148, 449, 341, 201, 212, 302 r/w 149 of
IPC and Section 3(a)(b)(d) r/w 7 of the Religious
Institutions (Prevention of Misuse) Act, 1988,
wherein, the offence committed by Jaleel P (A-66) in
the said connected offence has been enumerated in
detail in that charge-sheet.
c) Therefore, accused Jaleel P (A-66) committed
offences punishable under sections 153A of IPC and
sections 13,18 & 20 of UA (P) Act along with
additional offences under section 120B, 34, 118,
119, 109, 115, 143, 144, 147, 148, 449, 341, 201,
212, 302 r/w 149 of IPC and Section 3(a)(b)(d) r/w 7
of the Religious Institutions (Prevention of Misuse)
Act, 1988 as charge sheeted by the Kerala Police in
connected offence in Crime No. 318/2022 of
Palakkad Town South Police station.
Objection:
(i) Investigation revealed that, the accused Jaleel
P (A-66, now A- 59), the appellant herein, being an
active cadre of PFI, knowingly and intentionally
became a member of terrorist gang formed by PFI
to commit terrorist act as a part of larger
conspiracy hatched by PFI and its office bearers
and cadres since last few years to enact their "India
2047" agenda of establishing Islamic Rule in India.
Crl.A.Nos.1198/2024, 1591/2024 & 1593/2024 19
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In furtherance to the larger conspiracy, he attended
the conspiracy meetings held at Palakkad on 16th of
April 2022 for committing terrorist act by
murdering any available Hindu Leader with the
intention of creating terror in the minds of the
Hindu community and among public at large which
resulted in the murder of Srinivasan on 16.04.2022
by PFI cadres. In furtherance to the conspiracy, he
knowingly and intentionally harboured Khaja
Hussain (A-30), in his house, after commission of
the terrorist act. He committed acts prejudicial to
the maintenance of harmony between different
religious groups and has disturbed the public
tranquillity in the State at large. Therefore, final
report against accused Jaleel P (A-66, now A-59),
the appellant herein, has been filed for the
committed offences punishable under sections 153A
of IPC and sections 13,18 & 20 of UA (P) Act along
with additional offences under section 120B, 34,
118, 119, 109, 115, 143, 144, 147, 148, 449, 341,
201, 212, 302 r/w 149 of IPC and Section 3(a)(b)(d)
r/w 7 of the Religious Institutions (Prevention of
Misuse) Act, 1988 as charge sheeted by the Kerala
Police in connected offence in Crime No. 318/2022
of Palakkad Town South Police station.
(ii) As regards para 1 of the criminal appeal, it is
submitted that, the accused Jaleel P (A-66, now A-
59), the appellant herein, is accused No. 66 in NIA
case RC-02/2022/NIA/KOC and is renumbered as
accused No. 59 in SC-02/2023/NIA pending before
Crl.A.Nos.1198/2024, 1591/2024 & 1593/2024 20
2024:KER:69872
the Hon'ble Special Court of NIA cases Emakulam.
On completion of investigation against A-1 to A-14,
A-16 to A-19, A- 21 to A-26, A-29 to A-40, and A-42
to A-63 and A-66, final report has been filed against
above mentioned 59 accused, including the
appellant herein, by NIA, on 17.03.2023, under
sections 120B, 34, 109, 115, 118, 119, 143, 144,
147, 148, 449, 153A, 341, 302, 201, 212 r/w 149,
120B r/w 302 of IPC, section 3(a), (b), (d) r/w 7 of
the Religious Institutions (Prevention of Misuse)
Act, 1988, sections 13, 16, 18, 18A, 18B, 20, 22C,
23, 38 & 39 of UA (Prevention) Act and section 25
(1) (a) of Arms Act, before the Hon'ble Special
Court for NIA cases Ernakulam and the Hon'ble
Court taken cognizance and numbered as SC-
02/2023/ΝΙΑ.
Appellant: Shihab P. @ Babu (A-68, now A-61)
Charge: That, the accused Shihab P@ Babu (A-68),
being the active cadre/PE trainer of PFI and branch
president of SDPI Aravangara Branch, knowingly
and intentionally became a part of the larger
conspiracy of PFI to enact their "India 2047"
agenda of establishing Islamic Rule in India. In
furtherance to the conspiracy, he knowingly and
intentionally became a member of terrorist gang,
organised and imparted Arms and Physical training
to the cadres of PFI at Green Valley campus at
Manjeri, Malappuram and other places at
Crl.A.Nos.1198/2024, 1591/2024 & 1593/2024 21
2024:KER:69872
Malappuram on various occasions in last several
years as a preparation for committing terrorist acts
for PFI. In furtherance to the larger conspiracy, he
attended conspiracy meeting held at Palakkad on
16th of April 2022 for committing terrorist act of
murdering any available Hindu Leader with the
intention of creating terror in the minds of the
Hindu community and among public at large which
has resulted in the murder of Srinivasan on
16.04.2022 by PFI cadres. He further conspired
with accused Noushad M (A-63) on 16.4.2022 at
Palakkad, harboured the accused Muhammed
Hakkeem K (A-40) and others, in his residence after
the terrorist act of murder of Srinivasan. He also
committed acts prejudicial to the maintenance of
harmony between different religious groups and
has disturbed the public tranquility in the State at
large.
Therefore, accused Shihab P @ Babu (A-68)
committed offences punishable under Sections
120B, 153A, 120B r/w.302, 212 of IPC, Sections 13,
18, 19 & 20 of UA(P) Act.
Objection:
(i). Accused Shihab P@ Babu (A-68, now A-61),
the petitioner herein, is the Unit Secretary of PFI
Aravangara Unit, Malappuram. The Statements of
Protected Witness-55, 56, 57, 58, CW-853 and 854,
the PFI posts, images etc. found in his Social media
data (Doc-1572). established that the petitioner is
an active cadre of PFI and Unit Secretary of PFI
Crl.A.Nos.1198/2024, 1591/2024 & 1593/2024 22
2024:KER:69872
Aravangara Unit, Malappuram. His social media
data also established his association and position in
SDPI.
(ii) Accused Shihab P @ Babu (A-68, now A-61),
the petitioner herein, is a Master arms trainer of
PFI. Protected witness-55, 56, 57 & 58 stated that
Shihab @ Babu (A-68, now A-61), the petitioner
herein is the Master PE trainer imparting arms
training to the cadres of PFI at Green Valley at
Manjeri, Malappuram. Protected witness-57 and 58
also stated that Shihab @ Babu (A-68, now A-61),
the petitioner herein, was the PE trainer of
Aravangara Unit. Protected witness-58 has also
stated that Shihab @ Babu (A-68, now A-61), the
petitioner herein, imparted arms training to him at
Green Valley at Manjeri, Malappuram. It is
pertinent to note that the Green Valley Academy' is
one of the arms training Centre of the PFI in Kerala
and the same has been attached u/s 25 of UAP Act
as 'proceeds of terrorism and confirmed by the
Designated Authority. The CDR (Doc-1562) location
of the accused Shihab P@ Babu (A-68, now A-61),
the petitioner herein also established his presence
at 'Green Valley Academy on various occasions.
(iii) Accused Shihab P@ Babu (A-68, now A-61),
the petitioner herein, attended conspiracy meeting
held at Palakkad on 16th of April 2022 for
committing terrorist act of murder of Srinivasan on
16.04.2022. Protected witness-55, 56 & 57 stated
Crl.A.Nos.1198/2024, 1591/2024 & 1593/2024 23
2024:KER:69872
that Shihab @ Babu (A-68, now A-61), the petitioner
herein participated in the conspiracy meeting with
other leaders and cadres of PFI at Vacant land near
the District Hospital Palakkad on 16.4.2022 at noon
(i.e., just one hour before the murder of Srinivasan).
They +also stated that after that meeting Shihab @
Babu (A-68, now A-61), the petitioner herein, told
them that retaliation will be made today itself and
plan for that has been made. The CDR (Doc-1562
&1574) location of the accused Shihab P @Babu (A-
68, now A-61), the petitioner herein also established
his presence at 'conspiracy place on 16.4.2022.
Approver Aboobacker Siddik (A-52) clearly stated
that 'The plan was to kill anyone. The decision to
kill Srinivasan was taken while at hospital premises
and behind the hospital.' Based on the disclosure of
the accused Muhammed Riswan @ Riswan (A-42)
regarding the conspiracy place where PFI leaders
and cadres including Shihab P @Babu (A-68, now A-
61), the petitioner herein conspired and decided to
murder Srinivasan on 16.4.2022, scene mahazar (D-
13) has been prepared on 22.4.2022, at a vacant
land near District Hospital, Palakkad.
(iv) Accused Shihab @ Babu (A-68, now A-61), the
petitioner herein further conspired with accused
Noushad M (A-63) on 16.4.2022 at Palakkad,
harboured the accused Muhammed Hakkeem K (A-
40) and others, in his residence after the terrorist
act of murder of Srinivasan.- Protected witness - 55,
56 & 57 stated about the secret meeting of Shihab
Crl.A.Nos.1198/2024, 1591/2024 & 1593/2024 24
2024:KER:69872
@ Babu (A-68, now A-61), the petitioner herein with
accused Noushad M (A-63, now A-58) near a masjid
at Para, Palakkad on 16.4.2022 evening. The CDR
(Doc-1562 & 1574) location of the accused Shihab P
@Babu (A-68, now A-61), the petitioner herein also
established his presence at 'conspiracy place on
16.4.2022.
(v) Protected witness-29 stated that Noushad M
(A-63, now A-58), taken him with accused
Muhammed Hakeem (A-40, now A-36) to the house
of accused Shihab @ Babu (A-68, now A-61), the
petitioner herein, at Malappuram and accused
Shihab @ Babu (A-68, now A-61), harboured
Muhammed Hakeem (A-40, now A-36) in his own
house in May 2022. He also stated that the nick
name of Shihab is Babu. Protected witness - 58
stated that Shihab @ Babu (A-68, now A-61), the
petitioner herein told him that the accused
Muhammed Hakeem (A- 40, now A-36) has been
harboured by him in his house and requested him to
arrange a job for Muhammed Hakeem (A-40, now A-
36). He also stated that Shihab @ Babu (A-68, now
A-61) instructed him to call Muhammed Hakeem (A-
40, now A-36) as Safwan. He also stated that he
along with Shihab @ Babu (A-68, now A-61) taken
accused Muhammed Hakeem (A-40, now A-36) to
the car work shop of CW-418 where CW-846, CW-
847, CW-848 are also working, and made job
arrangement to accused Muhammed Hakeem (A-40,
now A-36) there. He also stated that after few days,
Crl.A.Nos.1198/2024, 1591/2024 & 1593/2024 25
2024:KER:69872
he along with Shihab @ Babu (A-68, now A-61)
arranged accommodation for Muhammed Hakeem
(A-40, now A-36) in a rented accommodation of CW-
417 at Pookottur. He also stated that he arranged
bus ticket for Muhammed Hakeem (A-40, now A-36)
in the name of Safwan on 14.12.2023 from
Malappuram to Madurai for providing safe shelter
to Muhammed Hakeem (A-40, now A-36) at Ervadi,
at the behest of the petitioner. The ticket fare was
received by him from Shihab @ Babu (A-68, now A-
61). The bank account statement (D-1580) of
Protected witness PW-58 clearly established the
receipt for Rs. 1000/- from accused Shihab @ Babu
(A-68, now A-61) on 16.12.2022 with reference
"UPI/CR/235010787063/ Shihab/okic/
Shihabnp1172 @okicici/UPI" for the arrangement of
bus ticket for travel of accused Muhammed Hakeem
(A-40, now A-36) for shifting him to further safe
shelter. The message related to booking of ticket is
also recovered from the mobile phone (MO-676) of
Protected witness PW-58, seized on 14.12.2023
(Protected document-53).
(vi). CW-418, CW-846, CW-847, CW-848-stated that
accused Muhammed Hakeem (A-40, now A-36) was
taken to the motor vehicle work shop at Moochickal
where they works, by Shihab @ Babu (A-68, now A-
61), the petitioner herein, and wherein accused
Muhammed Hakeem (A-40, now A-36) worked there
in the pseudonym Safwan. CW-846, CW-847, CW-
848 also stated that Shihab @ Babu (A-68, now A-
Crl.A.Nos.1198/2024, 1591/2024 & 1593/2024 26
2024:KER:69872
61) the petitioner herein, used to visit their work
shop to see Muhammed Hakeem (A-40, now A-36).
(vii). CW-417- stated that accused Muhammed
Hakeem (A-40, now A-36) was taken to his rented
house at Pookottur, by accused Shihab @ Babu (A-
68, now A-61), the petitioner herein, and arranged
accommodation to accused Muhammed Hakeem (A-
40, now A-36) where Muhammed Hakeem (A-40,
now A-36) stayed for about 3 months. Based on the
disclosure of the accused Shihab @ Babu (A- 68,
now A-61), disclosure cum pointing out proceedings
(Doc-1570) has been prepared at rented house at
Pookottur on 29.10.2023 where he had further
harboured accused Muhammed Hakeem (A-40, now
A- 36).
(viii) Based on the disclosure of accused
Muhammed Hakeem (A-40, now A-36), disclosure
cum scene mahazar (Doc-539) has been prepared in
the house of Shihab @ Babu (A-68, now A-61), on
28.12.2022, where the accused Muhammed
Hakeem (A-40) was harboured. Based on the
disclosure of the accused Shihab @ Babu (A-68,
now A-61), disclosure cum pointing out proceedings
(Doc-1571) has been prepared at his house on
29.10.2023 where he had harboured accused
Muhammed Hakeem (A-40, now A-36). The
Residential and ownership certificate (D-574 & 575)
also proves that the house where accused
Muhammed Hakeem (A-40, now A-36) was
Crl.A.Nos.1198/2024, 1591/2024 & 1593/2024 27
2024:KER:69872
harboured is owned and possessed by the
petitioner.
(ix). It is pertinent to note that the accused
Muhammed Muhammed Hakeem (A-40, now A-36)
whom the petitioner harboured is charged under
sections 120B, 34, 153A, 201 & 120B r/w 302 of IPC
and sections 13, 18 & 20 of UA (P) Act.
10. It is against the backdrop of the charges and the material
discussed above that we have applied the principles enumerated in
the earlier paragraphs of this judgment to the case of each of the
appellants before us. We have kept in mind the mandate of the
Constitution and weighed the prima facie worth of the accusations
made against each of the appellants/accused separately with a view
to determining whether there exist reasonable grounds to believe
that the accusations against them are prima facie true. We have also
taken note of the contention of the learned counsel for the appellants
that such an exercise was not undertaken by the Special Court that
dismissed their bail applications.
11. We now proceed to consider the merits of each appeal
individually and to test the correctness of the Special Court's Orders
dismissing the appeals.
Crl.Appeal of Kaja Hussain @ Robot Kaja (A30, now A-26)
12. The bail application preferred by the appellant in
Crl.A.No.1593 of 2024 Kaja Hussain @ Robot Kaja (A30, now A-26)
Crl.A.Nos.1198/2024, 1591/2024 & 1593/2024 28
2024:KER:69872
was resisted by the agency by placing before us materials including
the final report prepared under Section 173 of the Cr.P.C. which inter
alia states that the appellant acted as the spotter and he had
confirmed the presence of the victim Srinivasan at Melemuri,
Palakkad on 16th April 2022 and communicated the same to
Aboobacker Siddique (A-57) who in turn communicated the same to
Abdul Rasheed (A-28) and CA Rauf (A-12) based on which assailants
located the victim Srinivasan and committed a terrorist act on
16.4.2022 by murdering him. He provided his white Activa Scooter
having Regn No. KL-09-AK-6726 to Noushad (A-53) and Basheer (A-
54) on 15.4.2022 for conducting a quick search of targets identified
to eliminate and also provided the same vehicle to A-20 (identifiable
person) and Abdul Khader (A-21) on 16.4.2022 for committing
terrorist act of murdering Srinivasan. The presence of appellant
Kajahussain @ Robot Kaja, at the place of criminal conspiracy along
with the assailants Ummar @ Manu (A19, now A-18), Iqbal (A-21,
now A-19), Muhammed Manzoor (A-23, now A- 21), Riyasudeen (A-26,
now A-24), PFI leaders CT Sulaiman (A-14), Mujeeb (A-7), Ansari (A-
6), Abdul Vahab (A-15), and other accused at the vacant Place behind
District Hospital, Palakkad on the noon of 16.04.2022 (ie just one
hour before the murder of Srinivasan) is also alleged.
13. It is contended by the learned counsel for the appellant
that allegations against Kaja Hussain @ Robot Kaja are false and
Crl.A.Nos.1198/2024, 1591/2024 & 1593/2024 29
2024:KER:69872
incorrect. He is innocent and in no way connected with the alleged
offence. Even the allegation put forth against him that he confirmed
the presence of victim Srinivasan at Melemuri, Palakkad on 16th
April, 2022 and communicated to Aboobacker Siddique (A-57) who
communicated the same to Abdul Rasheed (A-28) and CA Rauf (A-12)
based on which assailants located the victim Srinivasan and
murdered him does not lead to implicate or attract the provisions of
Section 43D (5) of the UA (P) Act against the appellant. No direct or
indirect involvement of the appellant in an act that would warrant the
invocation of the provisions of the UA (P) Act is disclosed by said
allegation. So as to attract UA (P) Act as well as the rigours of
Section 43D (5), a direct connection with the alleged offence is
necessary. Here the appellant's alleged involvement is far remote and
not at all direct. Hence the invocation of the mandates of UA (P) Act
against him is illegal and unsustainable.
14. It is also further submitted that the appellant is an
ankylosing spondylitis patient who has 40% locomotor disability as
evidenced from Annexure A10 and needs constant assistance in jail.
He was arrested on 26.11.2022. The allegations put forth are only
due to political animosity between distinct parties. There is no
allegation of Sec. 153 A IPC by the police. NIA had without
conducting any investigation, incorporated the said offence and also
the provisions under the UA (P) Act . The appellant has no connection
Crl.A.Nos.1198/2024, 1591/2024 & 1593/2024 30
2024:KER:69872
or involvement whatsoever to the larger conspiracy of 'India 2047'
agenda which is allegedly raised by the investigating agency to
create a background of terror. Nothing has been brought out through
records or evidence to show that the appellant had acted in
furtherance of the alleged larger conspiracy. The appellant has been
in custody for nearly 2 years and there is no chance of concluding the
trial in the near future. The Special Court failed to appreciate the
above facts.
15. The learned Senior Counsel, on behalf of the prosecution,
resisted the appeal and submitted that the Special Court's rejection
of the bail application is valid and legal, and no interference is called
for. Appellant Kaja Hussain @ Robot Kaja is an active cadre of PFI
and a Member of the Reporte wing of PFI and had attended arms
training of the PFI. He had attended the conspiracy meeting held
near the mortuary gate of District Hospital Palakkad and Khabaristan
on 15.04.2022 as well as the conspiracy meeting held at vacant land
behind District Hospital, Palakkad on 16.04.2022. He had located the
victim Srinivasan and communicated his location to Abul Rasheed (A-
28) and CA Rauf (A-12) as well as provided his white Activa Scooter
having Regn.No.KL-09-AK 6726 for night recce on 15.04.2022 and
also to the assailants for committing terrorist act of murdering
Srinivasan.
16. We have given anxious consideration to the contentions put
Crl.A.Nos.1198/2024, 1591/2024 & 1593/2024 31
2024:KER:69872
forth. As regards the contention of the learned counsel for the
appellant that the allegation against Kaja Hussain @ Robot Kaja that
he was a spotter who had confirmed the presence of the victim at
Melemuri, Palakkad, and communicated it to A-57 who in turn
communicated the same to A-28 and A-12 based on which assailants
located the victim and murdered him, does not lead to implicate or
attract the provisions of Section 43D (5) of the UA (P) Act against
him, we find the same to be untenable. The nature of the information
allegedly passed on by the appellant which facilitated the
commission of the terror act is what matters and not the mere
distance at which the person who passed on the information may
stand from the actual commission of the terrorist act. When read
along with the statements of witnesses and approvers, the material
put forth would reveal reasonable grounds to believe that the
accusation against Kaja Hussain @ Robot Kaja (A30, now A-26) is
prima facie true. We therefore find the accused disentitled to a
release on bail under Section 43D (5) of the UA (P) Act. The Special
Courts Order in Crl.A.No.1593 of 2024 thus does not merit any
interference.
Crl.Appeal of Jaleel P. (A66, now A-59)
17. The bail application preferred by the appellant in Crl. A.
No.1198 of 2024 Jaleel P. (A66, now A-59) was resisted by the agency
by placing before us materials including the final report prepared
Crl.A.Nos.1198/2024, 1591/2024 & 1593/2024 32
2024:KER:69872
under Section 173 of the Cr.P.C. which inter alia states that he
attended the conspiracy meetings held at Palakkad on 16 th of April
2022 for committing terrorist act by murdering any available Hindu
Leader with the intention of creating terror in the minds of the Hindu
community and among public at large which resulted in the murder
of Srinivasan on 16.04.2022 by PFI cadres. In furtherance to the
conspiracy, he knowingly and intentionally harboured Kaja Hussain @
Robot Kaja (A30, now A-26), in his house, after the commission of the
terrorist act.
18. It is contended by the learned counsel for the appellant
that allegations against Jaleel P. are false and incorrect. He is
innocent and in no way connected with the alleged offence. Even the
allegation put forth against him that he had harboured Kaja Hussain
@ Robot Kaja (A30, now A-26), in his house, after the commission of
the terrorist act cannot lead to implicate or attract the provisions of
Section 43D (5) of the UA (P) Act against him is so far as there is no
material to evidence that he had knowledge that the said Kaja
Hussain @ Robot Kaja is a terrorist or invovled in any crime. The
appellant can only be looked upon as someone who rendered
assistance to Kaja Hussain who suffers from 40% locomotor disability
and can hardly manage life by himself. Further, the alleged
harbouring of Kaja Hussain was much later in point of time than the
incident which is now being termed a terrorist act or a conspiracy to
Crl.A.Nos.1198/2024, 1591/2024 & 1593/2024 33
2024:KER:69872
commit a terror act. The appellant cannot be implicated on the basis
that the act imputed against the person whom he assisted on
humanitarian grounds has subsequently been termed or classified as
a terror act. At the time of harbouring Kaja Hussain, the appellant
had only been assisting a person who was in need of help and
assistance. The Special Court overlooked the same and had denied
the bail which is incorrect.
19. The learned Senior Counsel, on behalf of the prosecution,
resisted the appeal and submitted that the Special Court's rejection
of the bail application was valid and legal, and no interference was
called for. The appellant Jaleel P. is an active cadre of PFI and is in
charge of the Physical Education (PE) wing of PFI. A voice clip of the
appellant wherein he introduced himself as in charge of the PE wing
of PFI was found on his mobile and recovered vide mahazar (Doc. No.
498). He had attended the conspiracy meeting held at vacant land
behind District Hospital, Palakkad on 16.04.2022. He had harboured
the accused Kaja Hussain @ Robot Kaja (A30, now A-26) and took
him to the medical lab for test when Kaja Hussain was absconding
and was being harboured by the appellant. The medical documents of
Kaja Hussain were seized from the lab via mahazar (Doc.No. 499)
based on the disclosure of the appellant. Voice clips and medical
prescriptions related to the treatment to Kaja Hussain have been
found in the mobile of the appellant and have been seized. The same
Crl.A.Nos.1198/2024, 1591/2024 & 1593/2024 34
2024:KER:69872
clearly implicates the appellant.
20. We have given anxious consideration to the contentions put
forth. As regards the contention of the learned counsel for the
appellant that the allegation that the appellant had harboured Kaja
Hussain @ Robot Kaja in-house and facilitated medical treatment to
him can only be looked upon as an act of kindness rendered to a man
in need of medical assistance though attractive at the first blush,
loses its innocence and sheen once we note that the same were not
rendered due to any filial or humanitarian concerns. Appellant had
extended the same to Kaja Hussain @ Robot Kaja primarily as a
fellow member of the organisation of which both were members. As
pointed by the learned senior counsel, in the facts and circumstances
there is all reason to believe that the appellant was knowingly
facilitating the harbouring of Kaja Hussain @ Robot Kaja and
extending assistance to him, whose involvement in the act has been
considered by us in detail above.
21. When read along with the statements of witnesses and
approvers, the material above would reveal reasonable grounds to
believe that the accusation against Jaleel P. (A-59) is prima facie true.
We therefore find the accused is disentitled to a release on bail under
Section 43D (5) of the UA (P) Act. The Special Courts Order in
Crl.A.No.1198 of 2024 thus does not merit any interference.
Crl.A.Nos.1198/2024, 1591/2024 & 1593/2024 35
2024:KER:69872
Crl.Appeal of Shihab P. @ Babu (A-68, now A-61)
22. The bail application preferred by the appellant in Crl. A.
No.1591 of 2024 Shihab P. @ Babu (A-68, now A-61) was resisted by
the agency by placing before us materials including the final report
prepared under Section 173 of the Cr.P.C. which inter alia states that
he is the Master PE trainer imparting arms training to the cadres of
PFI at Green Valley at Manjeri, Malappuram. Protected witness-57
and 58 also stated that Shihab @ Babu (A-68, now A-61), the
petitioner herein, was the PE trainer of Aravangara Unit. Protected
witness-58 has also stated that Shihab @ Babu (A-68, now A-61), the
petitioner herein, imparted arms training to him at Green Valley at
Manjeri, Malappuram. He conspired with accused Noushad M (A-63)
on 16.4.2022 at Palakkad, harboured the accused Muhammed
Hakkeem K (A-40) and others, in his residence after the terrorist act
of murder of Srinivasan.
23. The learned counsel for the appellant contends that the
allegations against Shihab P. @ Babu are false and incorrect. He is
innocent and in no way connected with the alleged offence. He
contends that except for the purported statements of protected
witnesses, there is no corroborative material, to show that the said
appellant had indulged in any activity culpable under the statutes per
which he had been charged. No overt acts or acts of active
participation by Shihab P. @ Babu in order to deny him bail has been
Crl.A.Nos.1198/2024, 1591/2024 & 1593/2024 36
2024:KER:69872
put forth and the material placed before by the prosecution is
thoroughly insufficient to and does not reveal any reasonable grounds
for believing that the accusation against him is prima facie true.
24. The learned Senior Counsel, on behalf of the prosecution
on the other hand resisted the appeal and submitted that the Special
Court's rejection of the bail application of the appellant was valid and
legal, and no interference was called for. The appellant Shihab P. @
Babu is an active cadre of PFI and is the Master Physical Education
(PE) trainer imparting arms training to cadres of PFI. He had
attended the conspiracy meeting held at vacant land behind District
Hospital, Palakkad on 16.04.2022. He conspired with Noushad (A-63)
near the Masjid at Para in Palakkad on 16.04.2022. Protected witness
29 has stated that the appellant harboured Muhammed Hakeem (A-
40- now A 36) in his house. Later appellant had arranged
accommodation for the said Muhammed Hakeem in a rented
premises and arranged a bus ticket for him to travel from
Malappuram to Madurai on 14.12.2022. He had brought the said
Muhammed Hakeem to a motor vehicle shop to find him employment
there under the name Safwan. The Bank statement of the protected
witness proves receipt of Rs.1,000/- from the appellant.
25. We have given anxious consideration to the contentions.
The materials do not reveal to us that there exists reasonable ground
to believe that the accusations against Shihab P.@ Babu are prima
Crl.A.Nos.1198/2024, 1591/2024 & 1593/2024 37
2024:KER:69872
facie true. The material relied upon by the prosecution, taken as a
whole, does not cross the threshold of general allegations coupled
with overt acts that would clearly suggest the complicity of the
accused in the offence with which he is charged. There is no
corroborative material, other than mere statements of witnesses, to
show that there were overt acts or acts of active participation by
Shihab P. @ Babu in order to deny him bail. We are hence unable to
conclude from the material placed before us that there are
reasonable grounds for believing that the accusation against Shihab
P. @ Babu is prima facie true. Accordingly, the Crl.Appeal preferred
by Shihab P.@ Babu has to be allowed. The impugned orders of the
Special Court in Crl.A.No.1591 of 2024 shall stand set aside.
26. The Special Court shall enlarge Shihab P.@ Babu on bail
on such conditions as the Special Court may deem necessary, but
which must include the following conditions:
(a) The aforesaid appellant shall not leave the State of Kerala
without leave of the Special Court.
(b) The aforesaid appellant shall surrender his passport, if he
possess one, with the Special Court, during the period that he
remains enlarged on bail.
(c) The aforesaid appellant shall inform the Investigating
Officer of the NIA the address where he shall reside during the
period he remains enlarged on bail.
Crl.A.Nos.1198/2024, 1591/2024 & 1593/2024 38
2024:KER:69872
(d) The aforesaid appellant shall each use only one mobile
number, during the time he remains on bail, and he shall inform
his mobile number to the Investigating Officer of the NIA.
(e) The aforesaid appellant shall also ensure that his mobile
phones remain active and charged round-the-clock so that he
remains constantly accessible throughout the period he
remains enlarged on bail.
(f) During the period during which he remains on bail, the
aforesaid appellant shall keep the location status (GPS) of his
mobile phone active, twenty-four hours a day, and his phone
shall be paired with that of the Investigating Officer of the NIA
to enable him, at any given time, to identify the appellants'
exact location.
(g) The aforesaid appellant, while on bail, shall report to the
Station House Officer of the Police Station within whose
jurisdiction he shall reside, once every fortnight.
27. In the event there is breach of any of these conditions or
any other condition that may be imposed by the Special Court
independently, it would be open to the prosecution to seek
cancellation of the bail granted to the aforesaid Shihab P.@ Babu,
before the Special Court only, without any further reference to this
Court.
Crl.A.Nos.1198/2024, 1591/2024 & 1593/2024 39
2024:KER:69872
Thus, Crl.Appeal Nos.1593 of 2024 and 1198 of 2024 are
dismissed. Crl.Appeal No.1591 of 2024 stands allowed as above.
Sd/-
DR. A.K.JAYASANKARAN NAMBIAR
JUDGE
Sd/-
SYAM KUMAR V.M.
JUDGE
csl
Crl.A.Nos.1198/2024, 1591/2024 & 1593/2024 40
2024:KER:69872
APPELLANT'S ANNEXURES
Annexure A1 TRUE COPY OF THE APPLICATION FOR REMAND
DATED 20.10.2023 IN RC NO.2/2022 ON THE
FILES OF SPECIAL COURT FOR TRIAL OF NIA
CASES, ERNAKULAM
Annexure A2 TRUE COPY OF THE RELEVANT PAGES OF
SUPPLEMENTARY FINAL REPORT DATED
12.04.2024 IN SC NO.2/2023 BEFORE
SPECIAL COURT FOR NIA CASES, ERNAKULAM
Annexure A3 TRUE COPY OF THE OBJECTION DATED
12.07.2024 IN CRL. MP 291/2024 IN SC
NO.2/2023 ON THE FILES OF SPECIAL COURT
FOR NIA CASES, ERNAKULAM
Annexure A4 TRUE COPY OF THE ARGUMENT NOTE SUBMITTED
BY APPELLANT DATED 25.07.2024 IN CRL. MP
291/2024 IN SC NO.2/2023 ON THE FILES OF
SPECIAL COURT FOR NIA CASES, ERNAKULAM
Crl.A.Nos.1198/2024, 1591/2024 & 1593/2024 41
2024:KER:69872
APPELLANT'S ANNEXURES
Annexure A1 TRUE COPY OF THE REMAND REPORT DATED
26.11.2022 IN CRIME NO.318/2022 OF
PALAKKAD TOWN P.S. ON THE FILES OF JFCM-
III, PALAKKAD
Annexure A2 TRUE COPY OF THE RELEVANT PAGES OF
SUPPLEMENTARY FINAL REPORT DATED
12.12.2022 IN CRIME NO.318/2022 OF
PALAKKAD TOWN P.S.
Annexure A3 TRUE COPY OF THE RELEVANT PAGES OF
CONSOLIDATED FINAL REPORT DATED
17.03.2023 IN SC NO.2/2023 BEFORE
SPECIAL COURT FOR NIA CASES, ERNAKULAM
Annexure A4 TRUE COPY OF THE OBJECTION DATED
15.05.2023 IN CRL.MP NO.224/2023 IN SC
NO.2/2023 BEFORE SPECIAL COURT FOR NIA
CASES, ERNAKULAM
Annexure A5 TRUE COPY OF THE ORDER DATED 24.08.2023
IN CRL.MP NO.224/2023 IN SC NO.2/2023 ON
THE FILES OF SPECIAL COURT FOR NIA
CASES, ERNAKULAM
Annexure A6 TRUE COPY OF THE COMMUNICATION DATED
20.04.2023 ISSUED BY SUPERINTENDENT IN
CHARGE, GOVT. MEDICAL COLLEGE HOSPITAL,
THRISSUR TO SUPERINTENDENT, CENTRAL
PRISON, THAVANOOR
Annexure A7 TRUE COPY OF THE STATEMENT OF DR.PAUL T
ANTONY DATED 27.09.2022 IN THE FINAL
REPORT IN SC NO.2/2023 BEFORE SPECIAL
COURT FOR NIA CASES, ERNAKULAM
Annexure A8 TRUE COPY OF THE OBJECTION DATED
12.07.2024 IN CRL.MP NO.286/2024 IN SC
NO.2/2023 BEFORE SPECIAL COURT FOR NIA
CASES, ERNAKULAM
Crl.A.Nos.1198/2024, 1591/2024 & 1593/2024 42
2024:KER:69872
Annexure A9 TRUE COPY OF THE CASE SHEET DATED
04.07.2024 ISSUED BY THE MEDICAL
OFFICER, CENTRAL PRISON, VIYYUR
Annexure A10 TRUE COPY OF THE DISABILITY CERTIFICATE
DATED 16.03.2022 ISSUED BY DISTRICT
HOSPITAL PALAKKAD
Crl.A.Nos.1198/2024, 1591/2024 & 1593/2024 43
2024:KER:69872
APPELLANT'S ANNEXURES
Annexure A1 A TRUE COPY OF THE RELEVANT PAGES OF
FINAL REPORT IN SC NO.2/2023 BEFORE
SPECIAL COURT FOR NIA CASES, ERNAKULAM
Annexure A2 THE TRUE COPY OF THE RELEVANT PORTION OF
FINAL REPORT DATED 13.07.2022 IN CRIME
NO. 318 OF 2022 OF PALAKKAD TOWN SOUTH
POLICE STATION
Annexure A3 THE TRUE COPY OF THE RELEVANT PORTION OF
SUPPLEMENTARY CHARGE DATED 12.12.2022 IN
CRIME NO. 318 OF 2022 OF PALAKKAD TOWN
SOUTH POLICE STATION
