A Division Bench of the Kerala High Court on Friday held that an application for anticipatory bail is not maintainable in cases registered for offences under the Unlawful Activities (Prevention) Act (UAPA).
The Bench comprising Justice P.B. Suresh Kumar and Justice C.S. Sudha observed that UAPA had been introduced for more effective prevention of certain unlawful activities of individuals and associations and for dealing with terrorist activities.
The statute as it stood now was one which had been amended in tune with the resolutions adopted by the Security Council of the United Nations under the Charter of the United Nations requiring the member States to take measures to combat international terrorism and take action against terrorists and terrorist organisations.
The court added that Section 43D not only excluded the application of Section 438 of the Code of Criminal Procedure (anticipatory bail) to the offences punishable under UAPA but also put restrictions on persons accused of an offence punishable under the Act from being released on regular bail.
The court made the ruling while dismissing an appeal filed by Ahamedkutty Pothiyal, an accused in the diplomatic gold smuggling case, against the dismissal of his anticipatory bail plea by the Ernakulam NIA special court.
Deputy Solicitor General of India S. Manu, while opposing the anticipatory bail plea, contended that the appellant was evading arrest by staying abroad. The investigating agency had collected many incriminating material against the appellant which established his complicity in the crime. Besides, the anticipatory bail plea was not maintainable under UAPA.
