New Delhi: The Supreme Court Tuesday
directed Kerala-based People`s Democratic Party leader Abdul
Nasser Madani, an accused in 2008 Bangalore serial blasts
case, to apply for a regular bail as he has already been
arrested.
A bench of Justices Markandey Katju and T S Thakur
also said that Madani can apply for an interim bail before the
competent court, which shall be considered on the same day.
It said the competent court shall not be influenced by
any of the observations made by the Karnataka High Court while
dismissing his anticipatory bail on August 3.
The apex court said Madani`s anticipatory cannot be
considered as he has already been arrested. The state
counsel Sanjay Hegde informed the bench about his arrest in
the afternoon.
Earlier, senior counsel Pinaki Mishra, appearing for
the accused, alleged that Madani was arrested "to frustrate"
his efforts in seeking anticipatory bail.
He claimed that though the non-bailable warrant (NBW)
against Madani was issued on June 11, his arrest was effected
only today to pre-empt his anticipatory bail.
The counsel further submitted that under section 43-D
the Prevention of Unlawful Activities Act, the grant of
regular bail would also become difficult for the accused.
However, the apex court declined to entertain further
argument on the issue and said the counsel can raise his
grievances before the appropriate court at the time of
applying for the regular/interim bail.
The bench clarified that the court concerned was bound
to hear the plea for interim bail on the same day as per the
number of rulings laid down by it on earlier occasions.
The High Court had described the blasts as a
"terrorist act" and said it was rejecting the bail plea
considering the seriousness of the alleged offences committed
by Madani.
The High Court had said the offences committed by
Madani came very much under the purview of the Act and,
therefore, "in view of the internal security and interests of
the nation," the plea was being rejected.
A fast track court had on July 9 dismissed Madani`s
anticipatory bail plea on the ground that there was "no prima
facie case" to grant him relief.
A chargesheet has been filed against Madani and 31
others for their alleged involvement in the blasts in
Bangalore that left a woman dead and 20 injured on July 25,
2008.
The PDP leader was also an accused in the case
relating to 1998 Coimbatore serial blasts in which 58 people
were killed. However, he was acquitted by the trial court.
PTI
