Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS TUESDAY, THE 30TH DAY OF JULY 2019 / 8TH SRAVANA, 1941 Bail Appl..No.1807 of 2019 CRIME NO.2827/2016 OF Perumbavoor Police Station , Ernakulam PETITIONER/ACCUSED NO.11: ABDUL SAMAD, AGED 36 YEARS, OCC:-LABOURER, S/O K.C ALI, HANEEFA MANZIL, PARAMBAYI DESOM, MAMBARAM P.O.PATHRIYAD VILLAGE, THALASSERY TALUK, KANNUR DISTRICT - 670 741. BY ADVS. SRI.BIJU ANTONY ALOOR SHRI.JOBIN ABRAHAM SMT.ARCHANA SURESH SRI.K.P.PRASANTH SRI.VISHNU DILEEP RESPONDENT/COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. 2 THE STATION HOUSE OFFICER, PERUMBAVOOR POLICE STATION, ERNAKULAM DISTRICT - 683 542. SRI.SAIGI JACAOB PALATTY, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.07.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Bail Appl..No.1807 of 2019 2
ALEXANDER THOMAS, J.
=========================== Bail Appl. No.1807 of 2019 =========================== Dated this the 30th day of July, 2019
ORDER
The petitioner herein is seeking anticipatory bail in relation to Crime No. 2827 of 2016 of Perumbavoor Police Station. The said crime has been initially registered for offences punishable under Section 171, 419, 447, 450 and 395 and 120B of the Indian Penal Code. The police after investigation newly added certain offences under Sections 17, 18 and 19 of the Unlawful Activity (Prevention) Act (UAPA).
2. The prosecution case in short is that eight persons who
were unknown to the de-facto complainant had come to the house of the de-facto complainant in an innova car claiming themselves as vigilance officials on 19.08.2016 at about 1.30 p.m. After convincing the inmates of the house that they are officers of Vigilance Department, conducted raid for half an hour and grabbed properties of about forty sovereigns of gold ornaments worth Rs.9,23,000/-, Indian currency worth Rs. 25,000/-, a mobile tab worth Rs. 10,000/- and two mobile phones worth Rs.20,000/-,
Bail Appl..No.1807 of 2019 3 total worth Rs.9,80,000/-.
3. In the course of the investigation, the police have
identified the accused persons and found out that apart from eight persons who entered the house, there were six others waiting outside the house and that the crime was conducted for raising fund for terrorist activities and therefore offences under Unlawful Activity (Prevention) Act (UAPA) is also involved in this case. The petitioner has now been arrayed as accused No.11 in the instant case. According to the investigation, the eight persons who had entered into the house of the de-facto complainant claiming themselves as vigilance officials are accused Nos. 9, 10, 11, 5, 6, 7 and 8. Further it appears that all the fourteen accused persons except accused Nos. 3 and 11 (accused No.3 and the petitioner) have been arrested and remanded. Later except accused No.9, all other remanded accused were let off on securing the benefit of the statutory default bail.
4. Sri. Biju Antony, the learned counsel appearing for the
petitioner (A11) would submit vehemently that no objective materials have been collected to link the petitioner with either the initial allegations under the offences disclosed under the Indian Penal Code or the subsequently added offences under the UAPA. Therefore, the arrest and custodial interrogation of the petitioner is
Bail Appl..No.1807 of 2019 4 not necessary for the smooth and effective part of the investigation in this case.
5. The learned Public Prosecutor has filed a detailed
statement of the investigating officer (Deputy Superintendent of Police, Perumbavoor), in relation to the factual aspects in this crime. The involvement of the petitioner herein (A11) in the instant crime was disclosed during the course of the investigation and that a report in this regard was submitted before the competent court below concerned on 23.09.2016. Further that some of the accused persons in the instant crime are found to be the active associates of one of the notorious absconding accused in the Bangalore serial bomb blast case. Further that the accused involved in the Bangalore serial blast case, one Salim, has been arrayed as accused No.9 in the present crime and in the investigation it was found that he has made a conspiracy at a place near Perumbavoor during the last week of July, 2016 along with A1, A2, A3, A4, A13 and A14 for raising fund for terrorist activities. A9 Salim was the absconding accused in the Bangalore serial blast case and the other accused persons have voluntarily harboured the said absconding accused knowing that he is a terrorist and the accused persons along with others including the petitioner (A11) made the plan to execute the
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crime. Thereupon, on the day of the incident, i.e., on 19.08.2016, A5 to A12, including the petitioner (A11), had come to the house of the de-facto complainant in a silver coloured innova car and A1, A2, A3 and A13 had come near the house in an alto car and waited there. Petitioner (A11) along with other accused persons entered the house of the de-facto complainant after convincing the inmates as they are the members of the vigilance team and one of them was in police uniform and they conducted raid for half an hour and grabbed properties worth Rs.9,80,000/-from the house and all the accused immediately escaped from the crime scene after committing the crime. Further that the innova car, the alto car and the yamaha bike used in the instant crime has been seized and the properties like bank atm cards, passbooks etc has also been recovered and the looted gold ornaments worth Rs.9,80,000/- could not be recovered yet. It is further submitted that the investigation conducted so far has revealed that there are some terrorist link in the case and there are evidences and materials pointing that the accused persons have committed the offences for raising funds for terrorist activities and hence Sections 17, 18 and 19 of the UAPA Act was additionally added on 24.09.2016. Further that the crucial part of the investigation is that the looted properties
Bail Appl..No.1807 of 2019 6
worth Rs.9,80,000/- is to yet be recovered and the absconding accused (A3) Haris and the petitioner (A11) are yet to be arrested. The absconding accused are close associates of one Thadiyantavida Nazeer, who is notoriously involved in terrorist activities. The details of the utilization of the looted properties, for what purpose they committed the crime, about the link of terrorists in this crime etc have to be enquired into detail and hence the arrest and interrogation of the absconding accused persons including the petitioner (A11) is highly essential for the fair and effective part of the investigation in this case. Further that the petitioner(A11) is absconding since he committed the crime (19.06.2019) and he is a member of the terrorist gang and committed offences punishable under Section 17, 18 and 19 of the UAPA and he is a close associate of Thadiyantavida Nazeer, who is an accused in various offences punishable under UAPA and was sentenced to double life imprisonment in the Kozhikode Bomb blast case and life imprisonment in Kashmir recruitment case. Further that, the co- accused persons along with the petitioner (A11) are A2, A9 and A10 who are accused in several UAPA cases. On this basis it is strongly urged by Sri.Saigi Jacob Palatty, the learned Senior Public Prosecutor appearing for the State that the arrest and custodial
Bail Appl..No.1807 of 2019 7 interrogation of the petitioner is highly necessary and imperative for the investigation to proceed further.
6. On hearing Sri.Biju Antony, the learned counsel appearing
for the petitioner herein(A11) and Sri.Saigi Jacob Palatty, the learned Public Prosecutor appearing for the respondent State and on careful evaluation of the facts and circumstances of the case, this Court is of the considered view that the stand taken by the investigating officer cannot be overruled by this Court and this is not a fit case to exercise the extra ordinary discretion under Section 438 of Cr.P.C to grant anticipatory bail. The allegations raised against the petitioner in the instant crime are very grave and serious. The offences under UAPA were also disclosed against the petitioner in this case. Many of the accused in the instant crime are close associates of certain persons who are involved in terrorist activities. Accordingly, the application fails. Sri. Biju Antony, the learned counsel for the petitioner (A11) would submit on the basis of instructions from the party that the petitioner would voluntarily surrender before the investigating officer without any further delay and that this Court may grant reasonable time in this regard. The learned Public Prosecutor rightly pointed out that the petitioner has been absconding for quite
Bail Appl..No.1807 of 2019 8
a long time and it is for the petitioner to voluntarily surrender before the investigating officer without any further delay, failing which the investigating officer will have to take necessary steps in accordance with law. With these observations and directions, the above application for anticipatory bail stands dismissed. Sd/- ALEXANDER THOMAS JUDGE
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