‘Nothing to show his involvement’: Kerala HC grants bail to UAPA accused jailed since 2015

A division bench of Kerala High Court on Thursday granted bail to a 67-year-old suspected Maoist undertrial, charged underneath Section 43D(5) of the Unlawful Activities Prevention Act (UAPA).

Granting bail to Ibrahim alias Babu, who was arrested in 2015 and lodged in judicial custody since then, the bench of Justice Okay Vinod Chandran and C Jayachandran stated, “that the accused shared the same ideology of another accused, that he was living with the other accused, that he was aware of the planning (of attack) — prima facie there is nothing to show his involvement.”

Ibrahim was arrested in 2015 in reference to an assault on the home of a civil police officer in Wayanad in 2014. When the NIA took over the probe, it charged him underneath Section 43D(5) of UAPA, which says that “no person accused of an offense punishable under Chapters IV and VI of this Act shall, if in custody, be released on bail or on his own bond unless the Public Prosecutor has been given an opportunity of being heard on the application for such release”.

The NIA cost stated Ibrahim, a local of Meppadi in Wayanad, had equipped weapons to a bunch engaged in propounding Maoist ideology. The group had allegedly threatened to kill a civil police officer concerned in anti-Maoist operations and set his two-wheeler ablaze. The NIA had made one other accused TV Rajeesh an approver, an auto driver at Payyoli in Kozhikode, within the case.

The division bench in its bail order noticed that the proof in opposition to Ibrahim is that of the approver, who in an announcement underneath part 164 of Cr PC had stated that he had seen the accused living and transferring with one other accused Anoop Mathew (at present in judicial custody). When the approver was with the opposite two accused individuals, one in every of them, Mathew, made some assertion concerning the supposed motion. Mathew carried 4 baggage, the form and weight of which indicated that the objects inside the baggage have been arms.

The Court noticed that “prima facie there’s nothing to point out his involvement.’’ It additionally thought of that the appellant is affected by a number of illnesses whereas granting bail.

Source

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