2008 Blast Case: Supreme Court Relaxes Abdul Nazar Maudany's Bail Condition, Allows Him To Reside In His Hometown In Kerala

Update: 2023-07-17 06:13 GMT
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The Supreme Court on Monday granted relaxation of bail condition to Abdul Nasser Maudany, accused in the 2008 Bangalore blasts case, permitting him to travel and stay in his home town in Kerala. As part of the bail condition imposed by the Apex Court on 11.07.2014, the Kerala People’s Democratic Party (PDP) chairman was to stay in Bengaluru till the trial in the blasts case is...

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The Supreme Court on Monday granted relaxation of bail condition to Abdul Nasser Maudany, accused in the 2008 Bangalore blasts case, permitting him to travel and stay in his home town in Kerala. As part of the bail condition imposed by the Apex Court on 11.07.2014, the Kerala People’s Democratic Party (PDP) chairman was to stay in Bengaluru till the trial in the blasts case is over.

Senior Advocate Kapil Sibal, assisted by Advocate Haris Beeran, appearing for Maudany informed the Court that the trial was over and that there was no reason for Maudany to continue to stay in Bangalore.

“He’s in a wheelchair, his leg is amputated, there’s a kidney transplant. His mother died, now his father is ill. The trial is over, arguments are going on. They themselves say that it’ll take two years for the arguments. There are many accused.” Sibal submitted before the Court. 

The Division Bench of Justice A S Bopanna and Justice M M Sundresh relaxed the bail condition previously imposed, allowing him to reside in his hometown in Kollam, Kerala. However, he is required to report to the nearest Police Station in Kollam every 15 days.

“At this stage, it is brought to our notice that the examination of witnesses has been completed and the matter is being argued before the court concerned, but arguments could proceed for sometime. Keeping in view the fact that at present, the presence of applicant would not be required on a hearing date, we deem it appropriate to grant the modification sought for. Hence, in modification of the order dated 11.07.2014, we permit the applicant to travel to his hometown in Kerala and reside there. However, to ensure that the applicant is adhering to all other requirements, we direct that the appellant will report to the Station House Officer of the nearest police station in Kollam district, once in 15 days. However, if the applicant is to attend to his medical needs and is to be away from Kollam district, he shall report to the Kollam police and go to such place as he desires. If any details are required, the jurisdictional court in Bangalore is permitted to seek for such details from the police station in Kollam district. With the said modification and subject to the applicant adhering to all other conditions, the application is disposed. “ the Court dictated in its order.

The counsel for the State of Karnataka said that the State is strongly opposed to the application. However, Justice Bopanna asked the Counsel for the State of Karnataka “If his presence is not required, what is the issue?"

The Counsel for the State of Karnataka submitted that Bangalore has better medical facilities, to which Justice Bopanna responded in a lighter vein that there is no ayurvedic treatment there.

On 17th April, the Apex Court had relaxed Maudany's bail condition to allow him to visit his ailing parents in Kerala, till 8th July.

"Looking to the applicant’s own medical condition as well as his ailing parents who are residing in the State of Kerala, as an interim measure, consider it appropriate to order that the applicant be allowed to visit the State of Kerala for a period upto 8th July, 2023 to meet his ailing parents accompanied by the Karnataka Police Escort and return in the same manner", a Bench of Justices Ajay Rastogi and Bela Trivedi had previously ordered. The bench had clarified that Maudany will have to undertake the expenses for the escort to be provided by the Karnataka Police.

Subsequently, Maudany had filed an application challenging the Karnataka government's demand that he should deposit over Rs 56 lakhs to provide security cover to him during his stay in Kerala. However, the Apex Court had dismissed this application.

Sibal had submitted during the previous hearing that he had to cut short his visit as he could not afford the deposit for security cover demanded by the State of Karnataka. Ultimately, Maudany was unable to visit his ailing father, Sibal had told the Court.

The PDP leader, along with 31 others, was booked under the Unlawful Activities (Prevention) Act, 1967 for his alleged involvement in a series of bomb blasts on July 25, 2008, in Bengaluru that left one person dead and 20 injured.

Case Title: Abdul Maudany Vs State of Karnataka MA 418-426/2023 in SLP(Crl) No. 8084-8092/2013

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