Kerala HC rejects bail plea of 2 AP natives accused of being Maoists

Kochi: The Kerala High Court has rejected the bail pleas of two men, accused of being Andhra Pradesh-based Maoists, who were arrested by NIA for allegedly organising a terrorist camp in Wayanad district to spread the activities of their banned outfit in the state.

A bench of Justices Alexander Thomas and C S Sudha said that an overall evaluation of the materials on record and the legal position would lead to the result that there are reasonable grounds for believing that the accusations against the two were prima facie true.

The court said there were materials to show that the two accused were "actively involved' in the terrorist organization CPI(Maoists) and that there was a serious likelihood of both of them absconding or fleeing from the law if they were released on bail.

It also said that the prosecution's contention that the accused, if released on bail, might threaten or endanger the security of protected witnesses, cannot be easily brushed aside.

"Hence, even otherwise, this court is inclined to take the view that it will not be right and expedient to grant regular bail to the appellants (accused).

"Further, we note that the nature and gravity of the allegations raised in these cases, as disclosed from the prosecution materials, including the final report, are quite serious and grave," the bench said.

It, therefore, declined to interfere with the decision of the special NIA court denying them bail in the case against them.

Besides, the allegations of attempting to incite armed struggle and anti-national uprising, unlawful assembly armed with guns, and urging people to resort to armed revolution against the government, the two were also accused of being involved in radicalizing youth to join the CPI (Maoist), recruiting them and providing training to them with the intention to threaten the unity, integrity and sovereignty of India, the court noted.

During the hearing, Deputy Solicitor General of India (DSGI) Manu S -- appearing for the NIA -- told the court that under the Unlawful Activities (Prevention) Act (UAPA) it was an offence to be a member of an organisation -- like CPI(Maoist) -- which was declared as a banned terror outfit or even its affiliates.

The two had moved to the High Court after the special court had denied bail to them.

They had contended that they were not involved in any terrorist activities.

Inputs from PTI