The Madras high court on Tuesday granted bail to two alleged PFI functionaries, charged under the Unlawful Activities (Prevention) Act for conspiring to commit terrorist acts in various parts of the country.
A division bench comprising S S Sundar and Sunder Mohan granted bail to R Umar Sheriff alias Umar Juice and Mohammed Sigam, both allegedly associated with the banned Popular Front of India (PFI).
While Sigam surrendered on November last year, Sheriff was arrested a month later in the case.
The HC set aside the orders of a Special Court refusing bail to the two accused.
The bench listed out various conditions which include executing a bond for Rs one lakh each and two sureties for a like sum and staying here after their release.
It made it clear the Special Court shall accept the sureties on the basis of the web copy to be produced by the advocates/parties.
The court also declined to consider the request of the Additional Solicitor General to grant leave to file Special Leave Petition before the Supreme Court.
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In its order, the bench said, “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 (Umar Sheriff) and A2 (Mohammed Sigam) are also the members of the same conspiracy and their roles are substantially the same as that of the co-accused who have been granted bail”.
Pointing out the observations made in the order passed earlier granting bail to co-accused, the bench said, “we have made the above observations after taking into consideration the factual aspects and the law laid down by the Supreme Court in a catena of decisions. We are of the view that the above observations squarely apply to the appellants as well and therefore, they are entitled to bail as they cannot be treated differently”.
