By TwoCircles.net Staff Correspondent,
Kollam: The Kollam Chief Judicial Magistrate Court yesterday postponed the hearing of the case related to the arrest of Maudany to September 23. Hearing on another petition accusing police conspiracy in the arrest also could not be held yesterday as the judge was on leave.
A petition stating that legal procedures were not followed in the arrest of Maudany was filed by Maudany’s relative Abdussalam on August 17, the day Maudany was arrested. Judge Soundaresh sent summons to Kollam SP Harshida Attalloori and Bengaluru Central Crime Branch DSP HM Om Karaiya to be present on August 29. The case was postponed to yesterday as Om Karaiya failed to present himself on August 29. The case was yesterday postponed again as the judge was on leave.
The petition reportedly states that a person arrested according to warrant should be presented in a court within 30 kms of the spot of arrest. He should then be produced before the District Chief Magistrate or District Sessions Judge. The accused can also apply for bail in the respective court, which the judge can consider and pass his verdict. The petition accuses that the said procedures were not followed in the case of Maudany.
The hearing on the petition accusing that Maudany was arrested as per a police conspiracy was not held yesterday as the judge was on leave. The petition was filed by PDP state vice-chairman Varkkala Raj on September 8 against Bengaluru City Police Commissioner Shankar Bidri, Bengaluru CCB DCP Om Karaiya, CI Sidhappa, Ernakulam City Police Commissioner Manoj Abraham and Kollam SP Harshida Attalloori.
The petition reportedly accuses that the police created an air as if there would be law and order problems if Maudany was arrested, whereas Maudany had earlier itself expressed his willingness to court arrest. The media was informed when the Bengaluru police team arrived in Kochi and met the City Police Commissioner. The media followed all proceedings after that. It also accuses that Maudany was officially arrested at Kottarakkara when he was transferred to the police vehicle from his own vehicle, and not from Anvarsseri as the police claims. The petition accuses that these measures were part of a police conspiracy to arrest Maudany.
The Karnataka High Court had last day quashed Maudany’s plea seeking a cancellation of the chargesheet against him. The hearing on the plea was completed earlier and the judge had reserved the judgement. Judge Subhash Adi rejected the plea stating there was prima facie evidence against Maudany and that the court preferred not to intervene as the investigation into the case was still going on.
Bengaluru Fast-track Sessions Court (V) Judge Shrikanth Watawati yesterday rejected the bail plea submitted by Maudany stating the crime was terrorism and that there was prima facie evidence against him. Maudany has decided to approach the Karnataka High Court for bail. His consul Adv P Usman informed media persons that he would take measures to move the HC after getting the certified copy of the Sessions Court order.
The court pointed out that the Prosecution arguments showed there was prima facie evidence against Maudany. The investigation into the case was going on and the police were yet to interrogate the security guards of Maudany. Hence, releasing him on bail might affect the investigation. The court also considered the Prosecution argument that the police needed to investigate on the connection of those accused in the Bengaluru blast to other blasts in the country.
The court also stated that it did not consider the travel documents of Maudany seriously, accepting the prosecution argument that the diary was prepared according to the information provided by Maudany himself. Also, details about certain days were not mentioned in the tour diary. Adv Usman said that the court was informed that the tour diary (travel documents) was prepared by the policemen in security guard for Maudany, and not by Maudany himself, but the court didn’t acknowledge it. The court also did not consider the contradictions in the testimonies, he added.
Maudany was last day reportedly charged with eight more cases related to the 2008 serial blasts in Bengaluru. Karnataka Home Minister VS Acharya had said that Maudany would be accused in the other eight cases also related to the 2008 blasts just two days before the court was to give its verdict on the bail plea. The BJP Minister had said on August 24, two days before the bail plea was filed, that Maudany was involved in the IPL blasts of 2010 in the Chinnaswamy Stadium. However, the investigating officers had then rejected the Minister’s claims stating there was no evidence on it and that Maudany was questioned only about the serial blasts.
Maudany was arrested by the Bengaluru police from Anvarsseri in Kollam district in Kerala when he was on his way to surrender in court on August 17. He was then taken to the state capital from where he was flown to Bengaluru. He was presented before a Magistrate on the same night and remanded to 10 days’ police custody. At the end of the police custody he was remanded to judicial custody which ends today. Maudany was earlier denied anticipatory bail by a Bengaluru court and then the Karnataka High Court. The Supreme Court also rejected the plea as he was already arrested minutes before the court considered the plea.