'Nothing To Show His Active Involvement': Kerala High Court Grants Bail To UAPA Accused Under Judicial Custody Since 2015
3 years, 3 months ago

'Nothing To Show His Active Involvement': Kerala High Court Grants Bail To UAPA Accused Under Judicial Custody Since 2015

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The Kerala High Court on Thursday reversed an order of a Single Judge denying bail to a 67-year-old suspected Maoist undertrial charged under Section 43D of the Unlawful Activities Prevention Act. A Division Bench of Justice K. Vinod Chandran and Justice C. Jayachandran while granting bail to the appellant, observed: ".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 — prima facie there is nothing to show his active involvement." When the NIA took over the probe, he was charged under Section 43D of UAPA, which says that no person accused of an offence 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 Single Judge after relying on several precedents found that going by the teeth of the rigour of Section 43D of the UAPA Act, the applicant cannot be granted bail, since the allegations against him are prima facie true.

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