Kerala High Court
Mohammed Mubarak A.I vs Union Of India on 19 March, 2025
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
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.
Wednesday, the 19th day of March 2025 / 28th Phalguna, 1946
CRL.M.APPL.NO.1/2024 IN CRL.A NO.1600 OF 2023
SC 2/2023 OF SPECIAL COURT FOR THE TRIAL OF NIA CASES,ERNAKULAM
APPLICANT/APPELLANT:
MOHAMMED MUBARAK A.I., AGED 34 YEARS,
S/O. IBRAHIMKUTTY, AZHIVELIKAKATH HOUSE,
EDAVANAKKAD, VYPIN, ERNAKULAM, PIN - 682502.
RESPONDENTS/RESPONDENTS:
1. UNION OF INDIA, REPRESENTED BY INSPECTOR OF POLICE, NATIONAL
INVESTIGATION AGENCY, KOCHI, PIN - 682020.
2. NATIONAL INVESTIGATION AGENCY, GIRINGAR HOUSING COLONY, GIRI NAGAR
HOUSING SOCIETY, GIRI NAGAR, KADAVANTHRA, ERNAKULAM - 682020.
Application praying that in the circumstances stated therein the
High Court be pleased to delete the condition Nos.(e) and (f) in the order
dated 25.06.2024, in the interest of justice.
This Application coming on for orders upon perusing the application
and this court's judgment dated 25.06.2024 in Crl.A.No.1600/2023 and upon
hearing the arguments of M/S.E.A.HARIS, S.RAJEEV, P.A.MOHAMMED ASLAM,
P.P.HARRIS, Advocates for the petitioners and of the DEPUTY SOLICITOR
GENERAL OF INDIA for the 1st and 2nd respondents, the court passed the
following:
P.T.O.
DR. A.K.JAYASANKARAN NAMBIAR
&
SYAM KUMAR V.M., JJ.
------------------------------
Crl.M.Appl No.3 of 2024 in Crl.A No.139 of 2024
Crl.M.Appl No.1 of 2024 in Crl.A No.1441 of 2023
Crl.M.Appl No.1 of 2024 in Crl.A No.1600 of 2023
Crl.M.Appl No.1 of 2024 in Crl.A No.619 of 2024
&
Crl.M.Appl No.2 of 2024 in Crl.A No.628 of 2024
-------------------------------
Dated this the 19th day of March, 2025
ORDER
Dr. A.K.Jayasankaran Nambiar, J.
In all these Criminal Miscellaneous Applications, the prayer of the
applicants is essentially for modification of the bail conditions so as to
remove the particular condition that reads as follows:
"(e) The aforesaid appellants shall also ensure that their
mobile phones remain active and charged round-the-clock so
that they remain constantly accessible throughout the period
they remain enlarged on bail.
(f) During the period during which they remain on bail, the
aforesaid appellants shall keep the location status (GPS) of
their mobile phones active, twenty-four hours a day, and their
phones 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."
2. It is the submission of Sri.B.Renjith Marar, the learned counsel
Crl.M.Appl No.3 of 2024 in Crl.A No.139 of 2024
Crl.M.Appl No.1 of 2024 in Crl.A No.1441 of 2023
Crl.M.Appl No.1 of 2024 in Crl.A No.1600 of 2023
Crl.M.Appl No.1 of 2024 in Crl.A No.619 of 2024
&
Crl.M.Appl No.2 of 2024 in Crl.A No.628 of 2024
appearing for the appellants herein, placing reliance on the decision of
the Supreme Court in Frank Vitus v. Narcotics Control Bureau
[2024 (4) KHC 651] that the Supreme Court has frowned upon the
insistence on such conditions in matters involving personal liberty of a
citizen.
We have considered the submissions of the learned counsel and
find that in the judgment referred above, the Supreme Court has opined
that such conditions as mentioned above cannot be a condition of a bail.
Accordingly, following the judgment of the Supreme Court aforesaid, we
deem it appropriate to delete the said two conditions from the
conditions suggested for the grant of bail to the appellants.
Accordingly, we direct that the bail granted to the appellants by the
Special Court shall now be read as modified in the manner that would
exclude therefrom conditions (e) and (f) mentioned above. Save for this
limited modification, all the other conditions in the bail order shall
continue to govern the appellants.
Sd/-
DR. A.K.JAYASANKARAN NAMBIAR
JUDGE
Sd/-
SYAM KUMAR V.M.
JUDGE
mns
19-03-2025 /True Copy/ Assistant Registrar
