Madras High Court
Mohamed Asarudeen vs Union Of India Rep. By Its on 18 February, 2025
Author: M.S.Ramesh
Bench: M.S. Ramesh
Crl.A.No.1651 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.02.2025
CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH
AND
THE HONOURABLE MR. JUSTICE N. SENTHILKUMAR
Crl.A.No.1651 of 2024
1.Mohamed Asarudeen
2.Mohamed Riyaz
3.S.Nijam Ali
4.Mohammed Rishwan
5.Mohamed Thowfeeq
6.Mohamed Farvees
7.Thowheeth Batcha
8.Shali @ Mydeen Ahmed Shali ... Appellants
Vs.
Union of India rep. by its,
Chief Investigation Officer,
National Investigation Agency, Kochi Branch,
(Ref- R.C.No.6/2019/NIA/DLI) ... Respondent
Prayer: Criminal Appeal filed under Section 21(4) of National
Investigation Agency Act, 2008, praying to set aside the order passed in
Page 1 of 6
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Crl.A.No.1651 of 2024
Crl.M.P.No.2327 of 2024 dated 28.11.2024 on the file of the learned
Special Court under the National Investigation Agency Act, 2008, Sessions
Court for Exclusive Trial for Bomb Blast Cases, Chennai at Poonamallee,
Chennai.
For Appellants : Mr.I.Abdul Basith
For Respondent : Mr.R.Karthikeyan,
Special Public Prosecutor
JUDGMENT
(Order of the Court was made by M.S.RAMESH, J.)
This Criminal Appeal has been filed challenging the order of the
learned Special Court under the National Investigation Agency Act, 2008,
Sessions Court for Exclusive Trial for Bomb Blast Cases, Chennai at
Poonamallee, Chennai passed in Crl.M.P.No.2327 of 2024 dated
28.11.2024.
2. The learned counsel for the appellants would submit that the
conditions imposed by the Special Court are very stringent and causing
inconvenience to the appellants to secure employment to lead their
livelihood. The learned counsel would further submit that the appellants
are complying with the conditions imposed on them by residing at Chennai
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without any employment and therefore, they are finding it difficult to
continue to reside at Chennai since the expenditure is huge.
3. The learned Special Public Prosecutor, on instructions, submitted
that the appellants have been regularly complying with the modified
conditions imposed by the Special Court.
4. Though the appellant has challenged the entire order in
Crl.M.P.No.2327 of 2024 dated 28.11.2024, the learned counsel for the
appellants placed reliance on the order passed in the case of co-accused in
Crl.M.P.No.16168 of 2024 and Crl.A.No.955 of 2023 dated 10.12.2024 and
submitted that he will be satisfied if the modification made therein is
applied to the present case also.
5. Recording the submissions made by the learned counsel for the
appellants, as well as the learned Special Public Prosecutor, we are inclined
to modify the condition in paragraph 9(ii) of the order of the learned Special
Court under the National Investigation Agency Act, 2008, Sessions Court
for Exclusive Trial for Bomb Blast Cases, Chennai at Poonamallee, Chennai
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passed in Crl.M.P.No.2327 of 2024 dated 28.11.2024.
6. Accordingly, paragraph 9(ii) of the order dated 28.11.2024 is
modified to the effect that the appellants 1 to 7 herein are directed to appear
before Tiruvidaimaruthur Police Station and 8th appellant to appear before
Tenkasi Police Station, daily from every Tuesday to Sunday at 10.30 A.M
and the appellants shall appear before the Special Court under the National
Investigation Agency Act, 2008, Sessions Court for Exclusive Trial for
Bomb Blast Cases, Chennai at Poonamallee, on every Monday at 10.30
A.M., until further orders. Further, the appellants shall appear before the
Trial Court on all hearing dates until further orders.
7. In view of the above modifications, this Criminal Appeal stands
partly allowed. No costs.
[M.S.R, J.] [N.S, J.]
18.02.2025
Index: Yes/No
Speaking order/Non-speaking order
Sni
Note: Issue Order Copy on 24.02.2025.
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To
1.The Chief Investigation Officer,
National Investigation Agency,
Kochi Branch.
2.The Inspector of Police,
Tiruvidaimaruthur Police Station.
3.The Inspector of Police,
Tenkasi Police Station.
4.The District and Sessions Judge,
Special Court under the National Investigation Agency Act, 2008,
Sessions Court for Exclusive Trial for Bomb Blast Cases,
Chennai at Poonamallee.
5.The Public Prosecutor,
High Court, Madras.
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M.S.RAMESH, J.
and
N. SENTHILKUMAR, J.
Sni
18.02.2025
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