Kerala High Court

Ansar K. P vs Union Of India on 19 August, 2025

Author: V Raja Vijayaraghavan

Bench: V Raja Vijayaraghavan

                                                        2025:KER:61965
Crl.Appeal Nos.1248/2025 & 1253/2025
                        1


               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

           THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

                                      &

              THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR

                       TH
     TUESDAY, THE 19        DAY OF AUGUST 2025 / 28TH SRAVANA, 1947


                            CRL.A NO. 1248 OF 2025

        AGAINST THE ORDER DATED 11.06.2025 IN CRL.M.P.NO.230/2025 IN

SC NO.2 OF 2023 OF SPECIAL COURT FOR TRIAL OF NIA CASES, ERNAKULAM

APPELLANTS/PETITIONERS/ACCUSED NO.22 &24:

    1       MUHAMMED BILAL, AGED 25 YEARS
            S/O. HAKKEEM, THOZHITHTIN KUNNU, MANCHATHOD,
            THACHUMPURA, MANNNAAD, PALAKKAD, PIN - 678593

    2       RIYASUDHEEN. AGED 39 YEARS, S/O. ABU THAHIR, 4/288,
            OPPOSITE RAHMAN FLOUR MILL, PEZHUMKKARA, PALLIPURAM
            POST, PIRAYIRI, PALAKKAD, PIN - 678006

           BY ADVS. 
           SHRI.E.A.HARIS
           SRI.P.VISHNU (PAZHANGANAT)

RESPONDENTS/RESPONDENTS/COMPLAINANT:

    1       UNION OF INDIA, AGED 39 YEARS
            REPRESENTED BY SUPERINTENDENT OF POLICE, NATIONAL
            INVESTIGATION AGENCY, KOCHI, PIN - 682020

    2       INSPECTOR OF POLICE, NATIONAL INVESTIGATION AGENCY, NIA
            KOCHI UNIT, KOCHI, PIN - 682020
                                                    2025:KER:61965
Crl.Appeal Nos.1248/2025 & 1253/2025
                        2


          BY ADVS. 
          SHRI.SASTHAMANGALAM S. AJITHKUMAR, SENIOR PANEL COUNSEL
          SHRI.SREENATH SASIDHARAN
          


      THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 30.07.2025,
ALONG WITH CRL.A.1253/2025, THE COURT ON 19.08.2025 DELIVERED THE
FOLLOWING:
                                                         2025:KER:61965
Crl.Appeal Nos.1248/2025 & 1253/2025
                        3



               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

           THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

                                      &

              THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR

                       TH
     TUESDAY, THE 19        DAY OF AUGUST 2025 / 28TH SRAVANA, 1947


                            CRL.A NO. 1253 OF 2025

        AGAINST THE ORDER DATED 11.06.2025 IN CR.M.P.NO.229/2025 IN

SC NO.2 OF 2023 OF SPECIAL COURT FOR TRIAL OF NIA CASES, ERNAKULAM

APPELLANTS/PETITIONERS/ACCUSED NO.23 & 60:

    1       ANSAR K. P., AGED 31 YEARS
            S/O. UMMER, KUNDILPEEDIKAYIL HOUSE, NHANGATIRI KADAVU,
            THRITHALA, PALAKKAD, PIN - 679303

    2       SAHEER K. V., AGED 34 YEARS
            S/O. MUHAMMEDALI, KARUPPAN VALAPPIL (H), KEEZHAYUR -
            POST, PATTAMBI, PALAKKAD, PIN - 679303

           BY ADVS. 
           SHRI.E.A.HARIS
           SRI.P.VISHNU (PAZHANGANAT)


RESPONDENTS/RSPONDENTS/COMPLAINANT:

    1       UNION OF INDIA
            REPRESENTED BY SUPERINTENDENT OF POLICE,
            NATIONAL INVESTIGATION AGENCY,
            KOCHI, PIN - 682020

    2       INSPECTOR OF POLICE, NATIONAL INVESTIGATION AGENCY, NIA
                                                    2025:KER:61965
Crl.Appeal Nos.1248/2025 & 1253/2025
                        4


          KOCHI UNIT, KOCHI, PIN - 682020

          BY ADVS. 
          SHRI.SASTHAMANGALAM S. AJITHKUMAR, SENIOR PANEL COUNSEL
          SHRI.SREENATH SASIDHARAN


      THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 30.07.2025,
ALONG WITH CRL.A.1248/2025, THE COURT ON 19.08.2025 DELIVERED THE
FOLLOWING:
                                                              2025:KER:61965
Crl.Appeal Nos.1248/2025 & 1253/2025
                        5




                          COMMON JUDGMENT

K. V. Jayakumar, J.

These Criminal Appeals have been preferred under Section 21 of the

National Investigation Agency Act, 2008.

2. Crl. Appeal No. 1248/2025 is preferred by the accused Nos. 22 and

24 and Crl. Appeal No. 1253/2025 is preferred by accused Nos. 23 and 60

impugning the orders passed by the Special Court for the Trial of NIA Cases,

Ernakulam, in Crl. M. P. No. 229/2025 and Crl.M.P.No. 230/2025 in

S.C.No.02/2023/NIA dated 11.06.2025.

3. In the above cases, they, along with the rest of the accused stand

indicted for having committed offences punishable under Sections 120B, 34,

109, 115, 118, 119, 143, 144, 147, 148, 449, 153A, 341, 302, 201, 212 r/w.s.

149, 120B r/w.s. 302 of IPC, Section 3(a),(b),(d) r/w Section 7 of the Religious

Institutions (Prevention of Misuse) Act, 1988 and Sections 13, 16, 18, 18A, 18B,

20, 22C, 23, 38 & 39 of Unlawful Activities (Prevention) Act, 1967 and Section

25 (1) (a) of the Arms Act, 1959.

                                                                  2025:KER:61965
Crl.Appeal Nos.1248/2025 & 1253/2025
                        6


      4.    Brief facts necessary for the consideration of these appeals are as

follows:

4.1. The Central Government received credible and actionable intelligence

indicating that the office bearers, members, and cadres of the Popular Front of

India (PFI)--a registered society--and its affiliated organisations in Kerala had

conspired to instigate communal violence and radicalise their cadres to commit

terrorist acts in the State of Kerala and other parts of the country.

4.2 The intelligence revealed that PFI members and office bearers based

in Kerala, many of whom had earlier association with the proscribed terrorist

organisation SIMI (Students Islamic Movement of India), maintained operational

linkages with other internationally proscribed terrorist organisations such as

Lashkar-e-Taiba (LeT), the Islamic State of Iraq and Syria (ISIS)/Daesh and

Al-Qaeida. Some members of the PFI cadres were also members of these

banned terrorist groups.

4.3 It was revealed that the PFI had allegedly created an organised

network with the objective of recruiting vulnerable Muslim youth into proscribed

international terrorist organisations to facilitate the commission of terrorist acts.

Moreover, PFI and its members were reportedly engaged in activities prejudicial

to public order and harmony by inciting hatred between different religious 2025:KER:61965 Crl.Appeal Nos.1248/2025 & 1253/2025 7

communities through incendiary speeches, publications, articles, and social

media posts. Their actions were aimed at disrupting public tranquillity, and

evidence pointed to organised movements intending to train participants in the

use of criminal force against individuals of other religions or groups and thereby

instilling fear, terror, and a sense of insecurity among members of other

communities.

4.4 The PFI and its members were allegedly responsible for several

violent incidents and murders in Kerala, which created a sense of terror in the

minds of the general public. Additionally, it is alleged that PFI, its office bearers,

and its members were indulging in unlawful activities with the intent to foment

disaffection against the Indian State by provoking individuals, especially innocent

members of the Muslim community, to defy the Government and institutions

established by law and thereby undermining the sovereignty and integrity of

India.

4.5 Based on the above facts and the gravity of the allegations, the

Central Government formed the opinion that the activities of the Popular Front of

India attracted offences punishable under Sections 120B and 153A of the Indian

Penal Code, 1860, and Sections 13, 18, 18B, 38, and 39 of the Unlawful 2025:KER:61965 Crl.Appeal Nos.1248/2025 & 1253/2025 8

Activities (Prevention) Act, 1967, which are scheduled offences under the

National Investigation Agency Act, 2008.

4.6. Being satisfied that the above acts had serious ramifications for

national security, the Ministry of Home Affairs, Government of India, CTCR

Division, vide Order No. 11011/82/2022-NIA dated 16.09.2022, directed the

National Investigation Agency (NIA) to take up the investigation. In compliance

with the said direction, a case was registered as RC-02/2022/NIA/KOC at the

NIA Police Station, Kochi, on 19.09.2022 under the aforementioned provisions,

and the First Information Report (FIR) was submitted before the jurisdictional

Court.

4.7. During the course of the investigation, it was revealed that Crime No.

318/2022 of Palakkad Town South Police Station, which involved the murder of

one Sreenivasan, a BJP activist, was a connected offence under Section 8 of the

NIA Act. In the said case, the Kerala Police had laid a final report arraying 44

persons as the accused and charged them for having committed offences

punishable under Sections 120B, 34, 118, 119, 109, 115, 143, 144, 147, 148,

449, 341, 201, 212, 302 r/w. Section 149 of the Indian Penal Code and Section

3(a)(b)(d) r/w. Section 7 of the Religious Institutions (Prevention of Misuse) Act, 2025:KER:61965 Crl.Appeal Nos.1248/2025 & 1253/2025 9

1988. The case records in Crime No. 318 of 2022 of Palakkad Police Station were

transferred to the Special Court.

4.8 Accordingly, the Government of India, Ministry of Home Affairs, vide

order No. 11011/82/2022/NIA dated 19.12.2022 directed the NIA to investigate

FIR No. 318/2022 of Palakkad Town South Police Station, Kerala, under the

provisions of the NIA Act, 2008.

4.9. It is alleged that the PFI has frontal organisations like Rehab India

Foundation (RIF), Campus Front of India (CFI), All India Imams Council (AIIC),

National Confederation of Human Rights Organization (NCHRO), National

Women's Front (NWF), Junior Front, Empower India Foundation and Rehab

Foundation, in addition to their political wing, Social Democratic Party of India

(SDPI).

4.10. On 28.09.2022, the Government of India declared the Popular Front

of India and its affiliates/frontal organisations as an "Unlawful Association" under

the provisions of the Unlawful Activities (Prevention) Act, 1967.

4.11. The prosecution alleges that the 1st accused, Popular Front of

India, its office bearers, leaders and members besides their affiliates, hatched a

conspiracy during the past few years inside and outside Kerala, with their

agenda to overthrow the democracy in India and to implement Islamic Rule in 2025:KER:61965 Crl.Appeal Nos.1248/2025 & 1253/2025 10

India by 2047, for which they prepared structured stages of progression. In

pursuance to their plans, they carried out various activities including uniting

Muslims under the flag of PFI, forming alliances with certain groups, stockpiling

weapons and explosives, etc. They also intended to eliminate those who acted

against the interest of PFI and recruit enough trained cadres and stockpile arms

to declare a new Constitution based on Islamic Principles.

4.12. In pursuance to their larger conspiracy, PFI had established 3 Wings

- 'Reporters Wing', 'Physical and Arms Training Wing/PE Wing' and 'Service

Wing/Hit teams'. Through their 'Reporters Wing' which is a quasi-intelligence

division of the PFI, it collected private and personal information of prominent

personalities in society, and leaders of other communities, especially the Hindu

Community, including their day-to-day activities. The data is compiled at the PFI

district level and communicated to their State hierarchy. The details are regularly

updated and utilised to "Target" the individuals as and when required by the

terrorist gang. The PFI had trained its cadres for the collection of such data and

had stored them, and provided the same to their assault teams in 'Service Wing'

for attack as and when decided by their leadership.

4.13. In further pursuance to their agenda, the PFI, through their Arms

Training Wing, prepared master trainers to impart uniform physical and arms 2025:KER:61965 Crl.Appeal Nos.1248/2025 & 1253/2025 11

training under a common syllabus with a set course to their cadres in various

stages under the guise of yoga training programs, rescue and relief activities,

martial arts, and other physical development activities. The PFI devised the

program to filter the cadres through various stages and gave arms and

explosives training to selected cadres through these stages. PFI used its multiple

facilities and affiliated institutions, including the institutions run in the name of

'Trusts', besides other places, to conduct such training camps and secret

meetings. The PFI used these trained cadres to eliminate shortlisted targets

based on the decisions of their leadership as and when required. The PFI also

used such selected cadres as executioners of the decisions of their pseudo-court

-"Darul Qaza"

4.14. The PFI, its office bearers, and cadres had conspired to commit the

terrorist act by killing any targeted person of another religion/section of the

society to create terror in the minds of other communities and the public at

large. In furtherance to that, PFI leaders and cadres carried out intensive recce

on members of other religions, particularly the Hindu community and compiled

the same for targeting through their 'Service Wing/Hit teams'.

4.15. In murder cases involving PFI cadres, including the one in Crime

No. 318 of 2022 of Palakkad Town South Police Station, none of the accused had 2025:KER:61965 Crl.Appeal Nos.1248/2025 & 1253/2025 12

any personal enmity with the deceased. The victims have been selected solely

because of their leadership/membership in a particular community and were

killed to create terror in society. Several persons were recced to become possible

targets. The PFI, through such acts, intended to disturb harmony among the

society and to terrorise people within the society with a view to creating a sense

of fear and insecurity in their minds. The PFI also intended to instill confidence

among its cadres by executing such acts. The plans so made were executed to

prevent any defiance of their command in the future.

4.16. In one such specific incident in pursuance to their larger conspiracy,

leaders and accused persons being members of Popular Front of India (PFI)

conducted conspiracy at various places in Palakkad on 15th and 16th of April

2022, conducted reconnaissance of residences belonging to several leaders from

Hindu community who appear in their target-list and chose and decided to

eliminate one prominent Hindu leader named S. K. Srinivasan of Palakkad. They,

in furtherance to the conspiracy, set out to commit terrorist act on 16.04.2022

for which 5 accused persons (A-17 to A-21) came on three two-wheelers, three

of whom criminally trespassed into SKS Autos situated at Melamuri, Pallippuram,

Palakkad run by S. K. Sreenivasan, and inflicted grievous injuries on Sreenivasan

and killed him by hacking his head and other parts of his body with choppers 2025:KER:61965 Crl.Appeal Nos.1248/2025 & 1253/2025 13

which the assailants were carrying with the sole intention and purpose to

murder him brutally, so as to create terror in the mind of other communities and

public at large. The above act of murder is in furtherance of the larger

conspiracy of the 1st accused to create terror.

4.17 The investigation revealed that the leaders of PFI had justified the

activities of cadres in support of the proscribed terrorist organisation ISIS and

were found with possession of ISIS propaganda videos and documents for

propagation. The PFI, its leaders and cadres have incited the people by

provocative speeches and slogans to cause communal disharmony.

4.18. On completion of investigation against A1 to A14, A16 to A19, A21

to A26, A29 to A40, and A42 to A63 and A66, final report has been filed against

them (59 accused) on 17.03.2023, for offence under sections 120B, 34, 109,

115, 118, 119, 143, 144, 147, 148, 449, 153A, 341, 302, 201, 212 r/w.s. 149,

120B r/w. Section 302 of IPC, Section 3(a), (b), (d) r/w. Section 7 of the

Religious Institutions (Prevention of Misuse) Act, 1988, and Sections 13, 16, 18,

18A, 18B, 20, 22C, 23, 38 & 39 of Unlawful Activities (Prevention) Act, 1967, and

Section 25 (1) (a) of Arms Act, 1959.

                                                                2025:KER:61965
Crl.Appeal Nos.1248/2025 & 1253/2025
                        14


Submissions of the Appellants

     5.    According to the appellants, the common case against them in the

final report is that they attended a conspiracy and conducted recce along with

other accused and took a prominent part in facilitating the murder of

Sreenivasan. The learned counsel for the appellants contended that the order of

the trial court refusing bail to the appellants is illegal. In Crime No.318/2022 of

the Palakkad Town South Police Station, alleging various offences under the

Religious Institutions (Prevention of Misuse) Act, 1988, the court below wrongly

stated that the appellants with an intention to commit the murder of a Hindu

leader, committed the act. In other words, it was a political murder. NIA

purposefully gave a colour of communal disharmony by deleting the name of the

political party from the final report and replacing the same with Hindu leader

and conducted recce for conducting the murder of a Hindu leader and

incorporated the provisions under the UA (P) Act.

6. The learned counsel for the appellants submitted that there are a

total of 66 accused persons in S.C.No.2/2023 on the files of the Special Court for

Trial of NIA Cases, Ernakulam. There are 1014 witnesses in the chargesheet

and 1688 documents. Moreover, the prosecution relies on 696 material objects 2025:KER:61965 Crl.Appeal Nos.1248/2025 & 1253/2025 15

and 10 terabytes of FSL report. The framing of charges has been stayed by the

Honourable Apex Court in SLP Crl No.3658/2024 vide order dated 06.05.2024.

7. The learned counsel then pointed out that out of the total 71

accused persons, 62 were arrested by the NIA. 49 accused were already

enlarged on bail either by this Court or by the Apex Court. The total number of

accused in custody, including the four appellants herein, is 12. The learned

counsel then pointed out that according to the NIA, there were two teams

involved in the alleged offence ie, 'Assault team' and 'Defence team'. The

members of the 'Assault team' are the prime accused persons in this case who

were allegedly present at the place of occurrence, armed with weapons, and

executed the plan. Sri. Parameshwar, the learned Senior Counsel, submitted that

the appellants are innocent of the allegations. He further contended that there

is no case made out by the State police to suggest that the murder of

Sreenivasan was a terrorist act.

8. The appellants herein are allegedly the members of the 'Defence

team'. According to the prosecution, the appellants, the members of the Defence

team, did not participate in the crime, but they were watching the activities near

the place of occurrence armed with weapons.

                                                              2025:KER:61965
Crl.Appeal Nos.1248/2025 & 1253/2025
                        16


     9.    The learned counsel further submitted that the NIA has moved an

application before the Special Court seeking further investigation against one

Shamnad P. K, who is also alleged to have been an assailant. Hence, there is no

possibility that the trial will commence in the near future. Reliance was placed

on the dictums laid down in Union of India v. K. A. Najeeb1, Sheikh Javed

Iqbal v. State of Uttar Pradesh2, Javed Gulam Nabi Sheikh v. State of

Maharashtra3, Rabi Prakash v. State of Odisha4, Athar Parwez v. Union

of India5 and Shaheen Welfare Association v. Union of India and Ors.6.

Submissions of the Standing Counsel for the National Investigation

Agency (NIA)

10. Sri. Sasthamangalam Ajithkumar, the learned Standing Counsel for

NIA submitted that the investigation revealed that PFI has its hidden agenda to

overthrow the democracy in India and to implement Islamic rule in India by

2047 and the appellants being the members of terrorist gang, conspired on

15.04.2022 for committing terrorist act of murdering any available Hindu leader

(2021) 3 SCC 713

(2024) 8 SCC 293

(2024) 9 SCC 813

2023 SCC OnLine SC 1109

2024 SCC OnLine SC 3762

(1996) 2 SCC 616 2025:KER:61965 Crl.Appeal Nos.1248/2025 & 1253/2025 17

with the intention of creating terror in the minds of the Hindu community and

among public at large. In furtherance of the conspiracy, the appellants prepared

for commission of terrorist act by imparting/undergoing arms training, collecting

the details of targets, conducted recce of the targets to eliminate them and also

by committing terrorist act of murder of Sreenivasan on 16.04.2022 as a part of

larger conspiracy to establish Islamic Rule in India as per their hidden agenda

'India 2047'.

11. The learned Standing Counsel for the NIA further submitted that

the appellants herein are the members of the 'Defence team' and there is an

excellent prima facie case against them. They have a more important role in the

alleged crime as compared to the other accused who were already enlarged on

bail by this Court or the Apex Court.

12. The learned Standing Counsel for the NIA pointed out that the

appellants stood near the place of occurrence, armed with weapons and

conducted a recce. According to the learned Standing Counsel, the delay in the

commencement and conclusion of the trial by itself is not a ground to release

the accused. Moreover, he pointed out that the appellants have criminal

antecedents.

                                                               2025:KER:61965
Crl.Appeal Nos.1248/2025 & 1253/2025
                        18


     13.    We have heard Sri.K. Parameshwar and Sri. E. A. Haris, the

learned counsel for the appellants/accused and the learned Senior Counsel

Sri.Sasthamanagalam S. Ajithakumar for the prosecution.

14. Crl.A.1248/2025 is preferred by Muhammed Bilal (accused No.22),

Aged 25 years, S/o. Jakkeem, Thozhithtin Kunnu, manchathod, Thachumpura,

Mannaad, Palakkad and Riyasudheen (accused No.24), Aged 39 years, S/o. Abu

Thahir, 4/288, Opposite Rahman Flour Mill, Pezhumkkara, Pallipuram, Post,

Pirayiri, Palakkad. Both the appellants were arrested on 16.04.2022.

15. Likewise, Crl.A.No.1253/2025 is preferred by Ansar K. P. (accused

No.23), Aged 31 years, S/o. Ummer, Kundilpeedikayil House, Nhangatiri Kadavu,

Thrithala, Palakkad and Saheer K. V. (accused No.60), Aged 34 years, S/o.

Muhammedali, Karuppan Valappil (H), Keezhayur Post, Pattambi, Palakkad.

Accused No. 23 was arrested on 07.11.2022 and accused No.60 was arrested on

16.05.2023.

16. Before further discussion, it would be apposite to refer to the law

laid down by the Apex Court with regard to the grant of bail on the ground of

violation of Part III of the Constitution of India. The learned counsel for the

appellants has placed reliance on the judgments of the Apex Court in K. A.

Najeeb (supra), Sheikh Javed Iqbal (supra), Javed Gulam Nabi Sheikh 2025:KER:61965 Crl.Appeal Nos.1248/2025 & 1253/2025 19

(supra), Rabi Prakash (supra), Athar Parwez (supra) and Shaheen

Welfare Association (supra).

17. The Apex Court has categorically held, in a catena of decisions,

that when the precious right of an accused under Article 21 of the Constitution is

infringed, the restriction on bail envisioned in Section 43D(5) of UA(P) Act would

not be a bar for the Courts to grant bail to the accused. In K. A. Najeeb

(supra), the Apex Court has laid down the position in paragraphs 17, 18, and 19

of the judgment, which reads as under:

"17. It is thus clear to us that the presence of statutory restrictions like Section 43-D(5) of the UAPA per se does not oust the ability of the constitutional courts to grant bail on grounds of violation of Part III of the Constitution. Indeed, both the restrictions under a statute as well as the powers exercisable under constitutional jurisdiction can be well harmonised. Whereas at commencement of proceedings, the courts are expected to appreciate the legislative policy against grant of bail but the rigours of such provisions will melt down where there is no likelihood of trial being completed within a reasonable time and the period of incarceration already undergone has exceeded a substantial part of the prescribed sentence. Such an approach would safeguard against the possibility of provisions like Section 43-D(5) of the UAPA being used as the sole metric for denial of bail or for wholesale breach of constitutional right to speedy trial.

18. Adverting to the case at hand, we are conscious of the fact that the charges levelled against the respondent are grave and a serious threat to societal harmony. Had it been a case at the 2025:KER:61965 Crl.Appeal Nos.1248/2025 & 1253/2025 20

threshold, we would have outrightly turned down the respondent's prayer. However, keeping in mind the length of the period spent by him in custody and the unlikelihood of the trial being completed anytime soon, the High Court appears to have been left with no other option except to grant bail. An attempt has been made to strike a balance between the appellant's right to lead evidence of its choice and establish the charges beyond any doubt and simultaneously the respondent's rights guaranteed under Part III of our Constitution have been well protected.

19. Yet another reason which persuades us to enlarge the respondent on bail is that Section 43-D(5) of the UAPA is comparatively less stringent than Section 37 of the NDPS Act. Unlike the NDPS Act where the competent court needs to be satisfied that prima facie the accused is not guilty and that he is unlikely to commit another offence while on bail; there is no such precondition under UAPA. Instead, Section 43-D(5) of the UAPA merely provides another possible ground for the competent court to refuse bail, in addition to the well-settled considerations like gravity of the offence, possibility of tampering with evidence, influencing the witnesses or chance of the accused evading the trial by absconsion, etc."

18. In paragraph 42 of Sheikh Javed Iqbal (supra), the Apex Court

observed as under:

"42. This Court has, time and again, emphasised that right to life and personal liberty enshrined under Article 21 of the Constitution of India is overarching and sacrosanct. A constitutional court cannot be restrained from granting bail to an accused on account of restrictive statutory provisions in a penal statute if it finds that the right of the accused-undertrial under Article 21of the Constitution of India has been infringed. In that 2025:KER:61965 Crl.Appeal Nos.1248/2025 & 1253/2025 21

event, such statutory restrictions would not come in the way. Even in the case of interpretation of a penal statute, howsoever stringent it may be, a constitutional court has to lean in favour of constitutionalism and the rule of law of which liberty is an intrinsic part. In the given facts of a particular case, a constitutional court may decline to grant bail. But it would be very wrong to say that under a particular statute, bail cannot be granted. It would run counter to the very grain of our constitutional jurisprudence. In any view of the matter, K.A. Najeeb [Union of India v. K.A. Najeeb, (2021) 3 SCC 713] being rendered by a three-Judge Bench is binding on a Bench of two Judges like us."

19. The Apex Court in Javed Gulam Nabi Sheikh (supra), Rabi

Prakash (supra) and Athar Parwez (supra) has emphasized that when a

speedy trial is denied to an accused who has suffered prolonged incarceration,

the rigorous restriction on the grant of bail with penal statutes would not be a

bar for the constitutional court to grant bail.

20. In Shaheen Welfare Association (supra), the Apex Court

observed as under:

"That a pragmatic and constitutionally sensitive approach has to be taken where an undertrial is deprived of personal liberty for an extended period and that there is no reasonable prospect of the trial concluding within a reasonable time frame. It was also observed by the Apex Court in Shaheen Welfare Assn. that where undertrials are not directly accused of engaging in any terrorist acts, but are instead booked under S.120B IPC, or booked 2025:KER:61965 Crl.Appeal Nos.1248/2025 & 1253/2025 22

merely on the ground that they are found in possession of incriminating materials, a lenient view has to be taken."

21. Now we shall proceed to consider the charges levelled against

each of the appellants/accused and the objections raised by the prosecution

against them and their entitlement for bail.

Crl.Appeal No.1248/2025:

1. 1st appellant : Muhammed Bilal (A-22)

Date of Arrest: 16.04.2022

Charge:

a) That, accused Muhammed Bilal @ Bilal (A-24) being Kunnumpuram Sanguvarathode Unit President 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 the conspiracy meetings held at Palakkad on 15th and 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 resulted in the murder of Srinivasan on 16.04.2022 by PFI cadres. He along with Sahad (A-44) arranged weapons for commission of terrorist act, conducted recce of the 2025:KER:61965 Crl.Appeal Nos.1248/2025 & 1253/2025 23

target on 15.4.2022 with Sahad (A-44) for committing terrorist act. He along with Ansar (A-25) travelled to the Scene of Crime by Deo Scooter KL-09-AL-1023 of Jamsheer (A-29) for assisting assailants for committing terrorist act of murdering Srinivasan on 16.04.2022. He also concealed evidence in the case and also 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 Muhammed Bilal @ Bilal (A-24) 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 Muhammed Bilal @ Bilal (A-24) in the said connected offence has been enumerated in detail in that charge-sheet.

c) Therefore, accused Muhammed Bilal @ Bilal (A-24) committed offences punishable under sections 153A of IPC and sections 13, 16, 18 & 20 of UA (P) Act along with additional offences under section 1208, 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:

(a) Muhammed Bilal @ Bilal is the 1st appellant in Crl.A.No.1248/2025 is the Unit President of PFI, Kunnumpuram, 2025:KER:61965 Crl.Appeal Nos.1248/2025 & 1253/2025 24

Sanguvarathode Unit and an active cadre of PFI. He is a member of the Terrorist gang formed by PFI, to commit terrorist act as part of larger conspiracy hatched by PFI and its office bearers and the cadres since last few years to enact their "India 2047"

agenda of establishing Islamic Rule in India.

(b) He attended arms training imparted by the PFI to its cadres at Falah Masjid, Palakkad as a preparation for committing terrorist acts. He attended conspiracy meeting held near Khabaristan at Palakkad on 15.04.2022 for committing terrorist act of murdering any available Hindu leader. In furtherance of the conspiracy, he proceeded to Sanghuvaramedu along with assailant Sahad (A-39) on motorcycle bearing registration No.KL-09-AP-9820 owned by Sahad (A-39) and collected the weapons from the goods auto rickshaw of assailant Abdul Rahman @ Adru (A-18) for further handing over of the weapons to the assailants fro committing terrorist act of murder of any available Hindu leader.

(c) In furtherance of the conspiracy, Muhammed Bilal, conducted recce on the night of 15.04.2022 along with accused Sahad M (A-39) by using the Dio-Scooter bearing registration No.Kl-09-AL-1023 arranged by accused Jamsheer (A-25) to locate the possible targets from other community for committing the terrorist act of murdering any available Hindu leader.

(d) The 1st appellant attended the conspiracy meetings held on Palakkad on 16.04.2022 for committing terrorist act of murder of Sreenivasan with the intention of creating terror in the minds of the Hindu community and among public at large. In furtherance to the criminal conspiracy, the 1st appellant proceeded as the rider of the Dio scooter baering registration No.KL-09 AL-1023 along with Ansar K.P (A-23) as pillion rider to BOC Road, 2025:KER:61965 Crl.Appeal Nos.1248/2025 & 1253/2025 25

Palakkad and A-23 received weapons from the Abdul Rasheed (A-28) at BOC Road to eliminate those who come to defend the terrorist act of murdering Sreenivasan. After the receipt of weapons from BOC Road Palakkad by the accused, the 1st appellant proceeded as the rider of the Dio Scooter to SKS Autos at Melamuri, Palakkad, the scene of crime and stood there as a defence team to the assailants, when Sreenivasan was being hacked to death.

(e) For the purpose of concealment and destruction of evidence, the 1st appellant took the weapon handed over by the accused Ansar K P (A-23) and concealed it along with the helmet used by the 1st appellant in the bushes and shrubs at Kallekkad, Palakkad. The final report along with the evidence collected discloses prima facie case against the accused Muhammed Bilal (A-22) the 1st appellant herein and therefore, there is bar under Section 43D(5) of the UA (P) Act for release of the accused on bail.

Entitlement for bail

22. Accused No.22, as evident from the materials on record, has

undergone a pre-trial detention for more than three years and three months.

The trial proceedings were stayed pursuant to an order passed by the

Honourable Supreme Court. The final report submitted by the NIA is

voluminous, comprising 1688 documents, 1114 witnesses, 696 material objects,

and ten terabytes of FSL reports.

                                                               2025:KER:61965
Crl.Appeal Nos.1248/2025 & 1253/2025
                        26


      23.     Given the magnitude of the case of the prosecution and the stay

on proceedings issued in SLP (Crl.) No. 3658/2024, which specifically interdicts

the framing of charges, there is no foreseeable possibility of the trial

commencing or concluding in the near future. Even if proceedings were to

resume, the sheer number of witnesses and extensive volume of documentary

and material evidence clearly indicate that the trial would remain pending for

several years. It is pertinent to note that out of the total 66 accused, 49 were

already enlarged on bail by this Court or by the Apex Court. Only 12 persons are

now in custody. The accused with almost similar charges were already released

on bail.

24. In Shaheen Welfare Association (supra) the Apex Court held

that a pragmatic and constitutionally sensitive approach has to be taken where

an undertrial is deprived of personal liberty for an extended period and there is

no reasonable prospect of the trial concluding within a reasonable time.

2. 2nd appellant: Riyasudheen (A-24)

Date of arrest:16.04.2022

Charge:

(a) That, the accused Riyasudheen @ Riyas (A-26) being a cadre of a) PFI and SDPI Branch Secretary of Vadakkeparambu, 2025:KER:61965 Crl.Appeal Nos.1248/2025 & 1253/2025 27

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 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. On 16.4.2022, he along with Shaheer (A-27) travelled to the Scene of Crime by motor Cycle KL-09-AQ-713 arranged by Abbas (A-52) and assisted the assailants for commission of terrorist act of murdering Srinivasan.

He also committed acts prejudicial to the maintenance of harmony between different religious groups and has disturbed the public tranquillity in the State at large.

b) That, the accused Riyasudheen @ Riyas (A-26) 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 Riyasudheen @ Riyas (A-26) in the said connected offence has been enumerated in detail in that charge-sheet.

c) Therefore, accused Riyasudheen @ Riyas (A-26) 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, 2025:KER:61965 Crl.Appeal Nos.1248/2025 & 1253/2025 28

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:

(a) Riyasudheen is an active member of 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.

(b) He attended arms training imparted by the PFI to its cadres at Falah Masjid, Palakkad as a preparation for committing terrorist acts and also attended the conspiracy meetings held at Palakkad on 16.042022 for committing terrorist act of murder of Sreenivasan with the intention of creating terror in the minds of the Hindu community and among public at large.

(c) The 2nd appellant proceeded as the rider of the motorcycle bearing registration No.KL-09-AQ-713 (MO-111) along with accused Saheer K V (A-60) as pillion rider to BOC Road, Palakkad and Saheer K (A-60) received weapons from the Abdul Rasheed (A-28) at BOC Road to eliminate those who come to defend the terrorist act of murdering Sreenivasan. After receipt of the weapons from BOC Road, Palakkad by the accused, the 2nd appellant proceeded as the rider of the motor cycle KL-09-AQ-713 to SKS Autos at Melamuri, Palakkad and stood there as a defence team to the assailants, when Sreenivasan was hacked to death.

2025:KER:61965 Crl.Appeal Nos.1248/2025 & 1253/2025 29

(d) For concealment and destruction of evidence, the 2nd appellant took the weapon given to him by the co-accused Saheer K .V (A-60) and concealed it along with his dress and helmet in the bushes and shrubs at Kallekkad, Palakkad after the commission of the terrorist act of murder of Sreenivasan.

(e) The CCTV footages (D-67) seized from SRMS ONION & GARLIC, Melamuri, Palakkad shows the movement of the 2nd appellant on a bike with Saheer (A-60) as pillion rider near SOC along with other assailants on bikes and scooters.

(f) The final report along with the evidence collected discloses prima facie case against the accused Riyasudheen (A-24) the 2nd appellant herein and therefore, there is bar under Section 43D(5) of the UA (P) Act for release of the accused on bail.

Entitlement for bail

25. Accused No.24 as evident from the materials on record has

undergone a pre-trial detention for more than three years and three months.

The trial proceedings were stayed pursuant to an order passed by the

Honourable Supreme Court. The final report submitted by the NIA is

voluminous, comprising 1688 documents, 1014 witnesses, 696 material objects,

and ten terabytes of FSL reports.

26. Given the magnitude of the case of the prosecution and the stay

on proceedings issued in SLP (Crl.) No. 3658/2024, which specifically interdicts 2025:KER:61965 Crl.Appeal Nos.1248/2025 & 1253/2025 30

the framing of charges, there is no foreseeable possibility of the trial

commencing or concluding in the near future. Even if proceedings were to

resume, the sheer number of witnesses and extensive volume of documentary

and material evidence clearly indicate that the trial would remain pending for

several years. It is pertinent to note that out of the total 66 accused, 49 were

already enlarged on bail by this Court or by the Apex Court. Only 12 persons are

now in custody. The accused with almost similar charges were already released

on bail.

27. In Shaheen Welfare Association (supra) the Apex Court held

that a pragmatic and constitutionally sensitive approach has to be taken where

an undertrial is deprived of personal liberty for an extended period and there is

no reasonable prospect of the trial concluding within a reasonable time.

Crl.Appeal No.1253/2025:

28. Accused Nos.23 and 60 in S.C.No.2/2023 have preferred this

Criminal Appeal, impugning the dismissal of their bail application by the Special

Court for Trial of NIA Cases, Ernakulam.

                                                                   2025:KER:61965
Crl.Appeal Nos.1248/2025 & 1253/2025
                        31


1.   1st appellant : Ansar K.P. (A-23)

     Date of Arrest : 07.11.2022

Charge:

a) That, the accused Ansar KP (A-25) being Area President of PFI Pattambi, 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 held at accused Nasar's (A-37) curtain shop at Pattambi on 15th of April 2022 and in 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 along with Ashraf (A-36) conducted recce of the target on 15.4.2022 by Motorcycle KL-09-AQ-713 arranged by Abbas (A-52), to eliminate them by committing terrorist act. On 16.4.2022, he along with Mohammed Bilal (A-24) travelled to Scene of Crime by Deo Scooter KL-09-AL-1023 of Jamsheer (A-29) and assisted the assailants for committing terrorist act of murdering Srinivasan on 16.04.2022. He also concealed evidence in the case. He committed acts prejudicial to the maintenance of harmony between different religious groups and has disturbed the public tranquillity in the State at large.

b) That, the accused Ansar KP (A-25) 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 2025:KER:61965 Crl.Appeal Nos.1248/2025 & 1253/2025 32

offence committed by Ansar KP (A-25) in the said connected offence has been enumerated in detail in that charge-sheet.

c) Therefore, accused Ansar KP (A-25) 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:

(a) Ansar K.P, the 1st appellant is Pattambi Area President of PFI and an active cadre of PFI. He is a member of the Terrorist gang formed by PFI, to commit terrorist act as part of larger conspiracy hatched by PFI and its office bearers and the cadres since last few years to enact their "India 2047" agenda of establishing Islamic Rule in India.

(b) He attended the conspiracy meeting held at Curtain shop of accused Nassar @ Laden Nassar (A-37) at Pattambi on 15.04.2022 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.

(c) The 1st appellant herein attended the conspiracy meeting held near Khabaristan at Palakkad on 15.04.2022 for committing terrorist act of murdering any available Hindu leader.

(d) In furtherance of the conspiracy, he conducted recce on the night of 15.04.2022 along with Ashraf K (A-32) by using the 2025:KER:61965 Crl.Appeal Nos.1248/2025 & 1253/2025 33

motorcycle bearing registration no. KL-09-AQ-713 (MO-111) arranged by Abbas (A-52) to locate the possible targets from other community for committing the terrorist act.

(e) He attended conspiracy meeting held at Palakkad on 16.04.2022 for committing terrorist act of murder of Sreenivasan on 16.04.2022 with the intention of creating terror in the minds of the Hindu community and among public at large.

(f) In furtherance of the conspiracy at the District Hospital, Palakkad, the 1st appellant herein proceeded as a pillion rider of the Dio Scooter bearing registration No.KL-09 AL-1023 along with Muhammed Bilal (A-22) to BOC Road, Palakkad and received weapons from the accused Abdul Rasheed (A-28) at BOC Road to eliminate those who come to defend the terrorist act of murdering Sreenivasan.

(g) After receipt of weapons from BOC Road, Palakkad the 1st appellant proceeded in the Dio Scooter bearing registration No.KL-09-AL 1023 (MO-114) to SKS Autos at Melamuri, Palakkad the scene of crime and stood there as a defence team to the assailantsm when Sreenivasan was being hacked to death.

(h) For the purpose of concealment and destruction of evidence, he handed over the weapon to the accused Muhammed Bilal (A-22) who concealed it in the bushes and shrubs at Kallekkad, Palakkad. The CCTV footages seized from SRMS Onion & Garlic, Melamuri vide seizure mahazar dated 28.04.2022 shows the movement of the 1st appellant on a scooter rode by Muhammed Bilal (A-22) near the scene of crime alogn with other assailants on bikes and scooters.

                                                              2025:KER:61965
Crl.Appeal Nos.1248/2025 & 1253/2025
                        34


Entitlement for bail

      29.   Accused No.23, as evident from the materials on record, has

undergone a pre-trial detention for more than two years and eight months. The

trial proceedings were stayed pursuant to an order passed by the Honourable

Supreme Court. The final report submitted by the NIA is voluminous,

comprising 1688 documents, 1114 witnesses, 696 material objects and ten

terabytes of FSL reports.

30. Given the magnitude of the case of the prosecution and the stay