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
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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
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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
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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:
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Crl.Appeal Nos.1248/2025 & 1253/2025
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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.
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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
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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
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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,
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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
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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
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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
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12any 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
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13which 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.
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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
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15and 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.
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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
1
(2021) 3 SCC 713
2
(2024) 8 SCC 293
3
(2024) 9 SCC 813
4
2023 SCC OnLine SC 1109
5
2024 SCC OnLine SC 3762
6
(1996) 2 SCC 616
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17with 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.
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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
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(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
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20threshold, 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
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21event, 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
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22merely 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
23target 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
24Sanguvarathode 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
25Palakkad 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
27knowingly 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
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.
31. In Shaheen Welfare Association (supra), the Apex Court held
that a pragmatic and constitutionally sensitive approach has to be taken where
2025:KER:61965
Crl.Appeal Nos.1248/2025 & 1253/2025
35
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 : Saheer K.V (A-60)
Date of Arrest : 16.05.2023
Charge
(a) The accused Saheer K, V., being the Secretary of PFI
Pattambi Area Committee, knowingly and intentionally became a
part of larger conspiracy hatched by PFI, its office bearers and
cadres since few years to enact their “India 2047” agenda of
establishing Islamic Rule in India.
(b) In furtherance to the conspiracy, he knowingly and
intentionally became a member of terrorist gang formed to
commit terrorist act as a part of larger conspiracy hatched by PFI
and its office bearers and cadres since last few years. In
furtherance to the larger conspiracy, he attended three conspiracy
meetings held at Nasar’s (A-37’s) ‘Dreams Curtain Shop at
Patlambi on 15th of April 2022 and in 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.
(c) He along with Fayas (A-45) conducted recee of the target on
15.04.2022 by Motor cycle bearing Registration No.
KL-09-AP-9820 belong to accused Sahad (A-44) for committing
terrorist act, he along with Riyasudheen (A-24) travelled to scene
of crime on a Motor Cycle bearing Registration No. KL-09-AQ-713
2025:KER:61965
Crl.Appeal Nos.1248/2025 & 1253/2025
36
arranged by accused Abbas (A-52), possessed the sharp edged
weapon for committing offence, assisted assailants for
commission of terrorist act of murder of Sreenivasan on
16.04.2022.
(d) After commission of the offence, he handed over the
weapon to Riyasudheen (A-24) and absconded. Moreover, he
committed acts prejudicial to the maintenance of harmony
between different religious groups and has disturbed the public
tranquillity in the State at large.
Objections:
(a) The 2nd appellant, Saheer K V, is an Area Secretary of PFI
Pattambi Area and is an active cadre of PFI. He 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’ agenda of establishing Islamic
rule in India.
(b) He attended the conspiracy meeting held at Curtain Shop of
Nasar @ Laden Nassar 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) He attended the conspiracy meeting held near Khabaristan at
Palakkad on 15.04.2022 for committing terrorist act of murdering any
available Hindu leader.
(d) The 2nd appellant, in furtherance to the conspiracy, conducted
recce on the night of 15.04.2022 along with accused Fayas (A-40) by
2025:KER:61965
Crl.Appeal Nos.1248/2025 & 1253/2025
37using the motorcycle bearing registration No.KL-09-AO-9820 to locate
the possible targets from other community for committing the
terrorist act.
(e) He attended the conspiracy meetings 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 to the conspiracy at the District Hospital,
Palakkad, the 2nd appellant proceeded as a pillion rider of the
motorcycle, arrange by the Abbas (A-47) bearing registration
No.KL-09-AQ-713 along with accused Riyasudheen (A-24) to BOC
Road, Palakkad. After receiving weapons from BOC Road, Palakkad,
he proceeded in the motorcycle bearing registration No.KL-09-AQ-713
as a pillion rider along with Riyasudheen (A-24) to SKS Autos at
Melamuri, Palakkad, the scene of crime and stood there as a defence
team to the assailants.
(g) For the purpose of concealment and destruction of evidence, he
handed over the weapon he possessed, to the accused Riyasudheen
(A-24) who concealed it in the bushes and shrubs at Kallekkad,
Palakkad.
Entitlement for bail
32. Accused No.60, as evident from the materials on record, has
undergone a pre-trial detention for two years and three months. The trial
proceedings were stayed pursuant to an order passed by the Honourable
2025:KER:61965
Crl.Appeal Nos.1248/2025 & 1253/2025
38
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.
33. 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.
34. 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.
2025:KER:61965
Crl.Appeal Nos.1248/2025 & 1253/2025
39
Conclusion:
35. The Apex Court, by order dated 06.05.2024 has interdicted the
special Court from framing the charge, and the said stay is still in force. In view
of the large number of witnesses, exhibits and material objects, there cannot be
any doubt that the trial cannot be concluded in the near future even if the stay
is vacated. In view of the discussion above, the impugned orders of the Special
Court denying bail to the applicants are set aside. Crl.A.Nos.1248/2025 and
1253/2025 will stand allowed. The appellants in Crl.A. Nos. 1248/2025 and
1253/2025 shall be released on bail on each of them executing a bond for a sum
of Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties each for the
like sum to the satisfaction of the learned Special Court. It shall be open to the
Special Court to impose such additional conditions as it may deem fit and
necessary in the interest of justice. However, the conditions shall mandatorily
include the following:
1. If the appellants intend to leave the Revenue District of Ernakulam, they
shall obtain prior permission from the Special Court.
2. If the appellants are in possession of any passport(s), they shall
surrender the same before the Special Court forthwith.
2025:KER:61965
Crl.Appeal Nos.1248/2025 & 1253/2025
40
3. The appellants shall furnish to the Investigating Officer of the NIA their
complete and current residential address, including any changes thereto,
and shall ensure that the same remains updated at all times.
4. The appellants shall each use only one mobile number during the period
of bail and shall communicate the said number to the Investigating
Officer of the NIA. They shall remain accessible on the said number
throughout the duration of bail and shall not, under any circumstances,
switch off or discard the device associated with it without prior intimation.
5. The appellants shall report before the Station House Officer of the Police
Station having jurisdiction over their place of residence once every
fortnight, without fail.
6. The appellants shall not tamper with evidence or attempt to influence or
threaten any witnesses in any manner.
7. The appellants shall not engage in or associate with any activity that is
similar to the offence alleged against them or commit any offence while
on bail.
In the event of any breach of the aforesaid conditions or of any other
condition that may be imposed by the Special Court in addition to the above, it
2025:KER:61965
Crl.Appeal Nos.1248/2025 & 1253/2025
41
shall be open to the prosecution to move for cancellation of the bail granted to
the appellants before the Special Court, notwithstanding the fact that the bail
was granted by this Court. Upon such an application being made, the Special
Court shall consider the same on its own merits and pass appropriate orders in
accordance with law.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
Sd/-
K.V. JAYAKUMAR,
JUDGE
Sbna/
2025:KER:61965
Crl.Appeal Nos.1248/2025 & 1253/2025
42
APPENDIX OF CRL.A 1253/2025
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF THE RELEVANT PAGES OF FINAL
REPORT IN SC NO.2/2023 ON THE FILES OF
SPECIAL COURT FOR NIA CASES, ERNAKULAM
Annexure A2 THE TRUE COPY OF THE RELEVANT PAGES OF
SUPPLEMENTARY FINAL REPORT DATED 06.11.2023
IN SC NO.2/2023 ON THE FILES OF SPECIAL COURT
FOR NIA CASES, ERNAKULAM
Annexure A3 THE CERTIFIED COPY OF THE ORDER DATED
11.06.2025 IN CRL. MP NO. 229 OF 2025 IN SC
NO.2/2023/NIA ON THE FILES OF THE SPECIAL
COURT FOR TRIAL OF NIA CASES, KERALA AT
ERNAKULAM
2025:KER:61965
Crl.Appeal Nos.1248/2025 & 1253/2025
43
APPENDIX OF CRL.A 1248/2025
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE ORDER DATED 16/9/2022 ISSUED BY
SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY
OF HOME AFFAIRS CTCR DIVISION
Annexure A2 TRUE COPY OF THE FIR IN RC NO.2/2022/NIA/KOC
DATED 19/9/2022
Annexure A3 TRUE COPY OF THE ORDER DATED 19/12/2022 ISSUED
BY UNDER SECRETARY TO THE GOVERNMENT OF INDIA,
MINISTRY OF HOME AFFAIRS CTCR DIVISION
Annexure A4 TRUE COPY OF THE ORDER DATED 23/1/2023 ISSUED BY
THE ASSISTANT REGISTRAR HIGH COURT OF KERALA
Annexure A5 THE TRUE COPY OF THE RELEVANT PAGES OF FINAL
REPORT IN SC NO.2/2023 ON THE FILES OF SPECIAL
COURT FOR NIA CASES, ERNAKULAM
Annexure A6 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 A7 THE TRUE COPY OF THE JUDGMENT IN NASSAR V. UNION
OF INDIA [2025 KHC ONLINE 410]
Annexure A8 THE TRUE COPY OF THE ORDER DATED 19.05.2025 IN
CRL. APPEAL NO.2717/2025 OF HON’BLE SUPREME
COURT OF INDIA
Annexure A9 THE TRUE COPY OF THE ORDER DATED 21.05.2025 IN
CRL. APPEAL NO.2744/2025 AND CRL. APPEAL NO.
2745/2025 OF HON’BLE SUPREME COURT OF INDIA
Annexure A10 THE CERTIFIED COPY OF THE ORDER DATED 11.06.2025
IN CRL. MP NO. 230 OF 2025 IN SC NO.2/2023/NIA
ON THE FILES OF THE SPECIAL COURT FOR TRIAL OF
NIA CASES, KERALA AT ERNAKULAM
Annexure A11 A TRUE COPY OF THE COMMON ORDER DATED 15.07.2025
IN S.L.P. NO. 11932 OF 2024 OF HON’BLE SUPREME
COURT.
Annexure A12 A TRUE COPY OF THE APPLICATION DATED NIL IN
C.M.P. NO. 296 OF 2025 IN CR. NO. RC 2/2022/NIA
ON THE FILES OF THE SPECIAL COURT FOR TRIAL OF
NIA CASES, ERNAKULAM