KOCHI: The Kerala High Court on Monday set aside the order of NIA Special Court granting bail to Thwaha Fasal, second accused in the Pantheerankavu Maoist case and directed him to surrender before the Special Judge, Ernakulam forthwith.
If Thwaha failed to surrender, the special court should take steps to secure him in custody.
However, the court allowed first accused Alan Shuhaib, who is a law student and only 19 years old at the time of registration of the FIR, to continue on bail following the terms and conditions imposed by the Special judge.
A Division Bench comprising Justice A Hariprasad and Justice K Haripal issued the order on the appeal filed by the National Investigation Agency seeking to quash the order granting bail to two accused.
"The order of the trial court granting bail to the accused cannot be sustained. However, in the case of first accused, there are numerous mitigating circumstances in his favour. Firstly, on the date of detection of the crime, he was only 20 years old.
Secondly, referring to copies of the prescription produced along with the bail application the Special Judge had noted that he has some psychiatric issues for which treatment is underway. While considering the appeals, we give more importance to this aspect.
Moreover, materials placed before the court, seized from him, are less serious, compared to the materials seized from the possession of the second accused; again the subsequent conduct of the second accused is also blameworthy. Hence, the court does not propose to reverse the order against first accused," the Division Bench observed.
The Bench also directed the special court to complete the trial in the case within one year. The Special Judge should try and dispose of the case uninfluenced by the observations of the Bench.