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Judgment
C.S.Sudha, J.
These criminal appeals are against the order dated 09/06/2023 in Crl.M.P.No.269/2023, Crl.M.P.No.262/2023, Crl.M.P.No.266/2023 and Crl.M.P.No.265/2023 in S.C.No.2/2023 NIA on the file of the Special Court for the trial of NIA cases, Ernakulam. The appellants are accused number 17, 42, 57 and 32 respectively in S.C.No.2/2023. They were granted pardon by the Special Court under Section 307 Cr.P.C. Thereafter, the appellants moved applications for bail, which applications were rejected by the impugned orders. Aggrieved by the same, the appellants have come up in appeal.
Sri.Sasthamangalam S. Ajithkumar, the learned Special Public Prosecutor, NIA, submitted that in the light of the dictum in Shammi Firoz v. National Investigation Agency, 2010 (4) KHC 319, the request for bail moved by the appellants is not opposed by the NIA and that they may be granted bail.
In the result, the appellants are directed to be released on bail on their executing a bond for ₹1,00,000/- (Rupees One lakh only) each with two solvent sureties for the like amount to the satisfaction of the Special Court for Trial of NIA cases, Ernakulam, in the case subject to the following conditions:-
(i) The appellants shall file affidavits before the trial court undertaking that their release would be at their own risk.
(ii) The appellants shall report before the Chief Ministerial Officer of the trial court between 10 a.m and 1 p.m on all Saturdays until exempted by the trial court.
(iii) The appellants shall not influence or intimidate the prosecution witnesses nor shall attempt to tamper with the evidence of the prosecution.
(iv) The appellants shall remain confined to the limits of Ernakulam District until further orders to be passed by the trial court.
(v) The appellants shall not attempt to communicate or establish any contact with any of the accused persons in the above crime.
(vi) The appellants shall not commit any offence while on bail.
(vii) The appellants shall surrender their passports before the trial court.
Interlocutory applications, if any pending, shall stand closed.