Accused Cannot Be Treated Differently Than Others Who Were Granted Bail As They Were Also Part Of Same Conspiracy: Madras HC Grants Bail To PFI Functionaries

The Madras High Court granted bail to two alleged functionaries of the Popular Front of India (PFI), observing that they cannot be treated differently from co-accused who were granted bail as they were part of the same conspiracy.

“On perusal, we find that though the allegations against the appellants are not exactly similar to the allegations against the other accused, we find that A13 and A2 are also members of the same conspiracy and their roles are substantially the same as that of the co-accused who have been granted bail…We are of the view that the above observations squarely apply to the appellants/A13 and A2 as well and therefore, they are entitled to bail as they cannot be treated differently”, the Bench comprising Justice S.S. Sundar and Justice Sunder Mohan observed.

Senior Advocate T. Mohan appeared for the Appellants and Additional Solicitor General Ar.L. Sundaresan with Special Public Prosecutor R. Karthikeyan appeared for the Respondent.

A piece of information received by the Central Government regarding the Popular Front of India (PFI) conspiring to commit terrorist acts in India. Two FIRs were registered, the second based on credible information about PFI's extremist activities in Tamil Nadu. The complaint alleged a conspiracy to unleash terrorist acts against perceived anti-Islamic forces.

A Final Report was filed by the State, implicating 14 individuals, including the Appellants, for alleged offences under Sections 120B, 153A, 153AA of the Indian Penal Code, 1860 (IPC) and Sections 13, 17, 18, 18B, 38 and 39 of the Unlawful Activities (Prevention) Act, 1967 (UAPA). The Second Accused surrendered, and the Thirteenth Accused was arrested. The Appellants contend that co-accused were granted bail earlier creating a precedent for their release, as their situations are similar.

A set of Criminal Appeals was filed before the Madras High Court challenging the dismissal of bail applications.

The Court noted that specific roles were attributed to the Second and Thirteenth Accused based on the Final Report: The Second Accused (Mohammed Sigam) was described as the PRO of PFI, organizing training for PFI cadres in lethal weapons, collecting funds, and categorizing prominent persons for potential targeting. The report alleged that he trained individuals to prepare for war against the Government of India and establish an Islamic State.The Thirteenth Accused (Umar Sheriff @ Umar Juice) was identified as a weapon trainer in PFI, imparting training to PFI cadres on using knives, swords, and other weapons. The training is alleged to be to collect arms and prepare for war against India to establish an Islamic State by 2047.

The Court observed that the accusations against the Second Accused and Thirteenth Accused are not exactly similar to those against other accused individuals but finds that they were members of the same conspiracy, with roles similar to those granted bail.

The Court emphasized the need for a strict interpretation of the law and, based on the available evidence, granted bail.

Accordingly, the Court allowed the Appeal and set aside the impugned judgment.

Cause Title: R.Umar Sheriff @ Umar Juice v Union Of India

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