Karnataka HC rejects Madani''s bail petition

Written by: Pti
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Bangalore, Feb 11 (PTI) The Karnataka High Court todayrejected the bail petition of PDP leader Abdul Nasser Madani,an accused in the 2008 Bangalore serial blasts case, holdingthat granting bail to him would put the security of the stateand the nation in jeopardy.

But the court directed jail authorities to take stepsto ensure that the health condition of Madani, who is disabledwith an amputated leg and suffering from different ailments,does not deteriorate and he is given necessary medical help.

After hearing arguments by the defence andprosecution, Justice V Jagannathan concluded that grantingbail to Madani would be "putting the security of the state andthe nation in jeopardy" and rejected the bail petition.

He said the material available and statements ofwitnesses indicated that Madani was in constant touch with theother accused before and after the blasts and also harbouredsome of them by giving them shelter in his orphanage inKerala.

On the contention of senior defence counsel B VAcharya that there was "no direct evidence" of Madani''sinvolvement in the criminal conspiracy, the judge said, "Thereis seldom ever that direct evidence is there in such cases.

Conspiracy by very nature is hatched in complete secrecyotherwise the whole purpose will be frustrated."

Inference can be drawn from whatever evidence has beencollected and it (evidence) is "sufficient proof of theconspiracy", the court observed.

"It cannot be disputed that the blasts took place inBangalore and were followed by similar blasts in the countryincluding Jaipur and Ahmedabad... Actions speak louder thanthoughts. It is not possible for anyone to penetrate into themind of others to see what thoughts are going on," JusticeJagannathan stated.

On the defence contention that there is "no primafacie case" against Madani, the court said the materialcollected by the investigative agency on the statementsrecorded by police coupled with details of phone recordsbefore and after the blasts, pointed out a prima facie case.

On the question of personal liberty, the court cited aSupreme court judgement which held that "liberty of anindividual is very important. At the same time interest of thestate also cannot be lost sight of".

Observing that in cases involving the security of thestate and the nation bail is generally refused, the court heldthat this was one such case where "interest of the nation cannever be given up".

Madani, arrested in Kerala on August 17 last year, islodged in Central Jail here. He was one of the main accused inthe 1998 Coimbatore serial blasts that killed 58 people butwas acquitted.

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