IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR & THE HON'BLEMR. JUSTICE P.Q. BARKATH ALI WEDNESDAY, THE 7TH SEPTEMBER 2011 / 16TH BHADRA 1933 CRL.A.No. 1473 of 2011() ------------------------ AGAINST THE ORDER DATED 25/07/2011 IN CRMP.770.2011 IN SC.1/2010 OF SPECIAL COURT FOR TRIAL OF NIA CASES, KERALA, ERNAKULAM .................... APPELLANT(S): ACCUSED NO.14: ---------------------------- MOHAMMAD NAVAS, AGED 33 YEARS, S/O.ABDUL REHMAN, RESIDING AT REHMANIYA NIVAS, MARAKKARKANDY, KANNUR. BY ADV. SRI.P.ANTO THOMAS RESPONDENT(S): COMPLAINANT: --------------------------- 1. DEPUTY SUPERINTENDENT OF POLICE, NATIONAL INVESTIGATION AGNECY, NEW DELHI. 2. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682 031. SRI.M.AJAY, SPL. P.P FOR NIA THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 07/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, & P.Q. BARKATH ALI, JJ. ........................................................ Crl.Appeal No. 1473 of 2011 ......................................................... Dated: 7-09-2011 JUDGMENT In this appeal filed under Sec. 21 (4) of the National Investigation Agency Act, 2008 (N.I. A Act for short) the appellant who is the 14th accused in SC No. 1 of 2010 now pending before the Special Court for N.I.A. Cases , Kerala at Ernakulam challenges the order dated 15-07-2011 passed by the Special Court dismissing his application for bail. 2. The case of the prosecution so far it relates to A14 is as follows:- A14 had taken a room on rent at Neerchal in Kannur where the accused persons gathered under the pretext of Thareequath but were having closed room discussions to wage war against the Government of India. Decisions for sending five Keralites to get arms training under Leshkar-e-Taiba at Kashmir (“LeT” for short) Crl.Appeal No. 1473 of 2011 -:2:- was also taken in the said room. A14 was also instrumental in the conversion of the religion of A10 (Reemon Varghese @ Mohammed Yassin) who had instigated to go to Kashmir to be trained by LeT, a banned terrorist organization. A14 has thereby committed offences punishable under Sections 120 (B), 121, 121 A, 122, 124, 124(A), 212, 465 and 471 read with Sec. 34 I.P.C, and Section 3, 13 (2), 16.17.18, 19, 38, 39 and 40 of the Unlawful Activities (Prevention) Act, 1967. 3. We heard the learned counsel for the appellant and the learned Special Public Prosecutor for the N.I.A. 4. We are not prima facie inclined to accept the appellants' contention that there is no material at all to connect the appellant with any of the alleged activities. The statements of Safiya (CW6- who is witness No. 3 in the supplimental charge-sheet), Naushad - (CW11), Sheriff (CW12), Money @ Yusuff (CW39), K.P.C. Rayios (CW57) and Abdul Sathar (CW21) do discern the complicity of the appellant in the unlawful activities of the gang. Accused Nos. 7 to 10 were subsequently killed in an encounter at Kashmir. In the light of the above incriminating material, we are not inclined to Crl.Appeal No. 1473 of 2011 -:3:- hold that the proviso to Sec. 43 D (5) of the Unlawful Activities (Prevention) Act, 1967 is not attracted. As there are reasonable grounds for believing that the accusation against the appellant is prima facie true, there is a statutory bar against the release of such a person on bail. Under these circumstances, we do not find any good reason to differ from the views taken by the Special Court while dismissing the appellant's application for bail. Apart from that the appellant did not challenge the earlier order dated 18-8- 2010 passed by the Special Court dismissing his earlier application for bail. In the absence of any change of any circumstances, the said order also stares at the appellant in again moving the Special Court for bail and thereafter approaching this Court. This Appeal is accordingly dismissed. Sd/-V. RAMKUMAR, JUDGE. Sd/-P.Q. BARKATH ALI, JUDGE. ani/ /true copy/ P.S. to Judge Crl.Appeal No. 1473 of 2011 -:4:- Crl.Appeal No. 1473 of 2011 -:5:-