Madras High Court
Barakathullah vs Union Of India on 2 August, 2024
Author: M.S.Ramesh
Bench: M.S.Ramesh
Crl.A.No.982 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.08.2024
CORAM
THE HONOURABLE MR. JUSTICE M.S.RAMESH
AND
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
Criminal Appeal No.982 of 2024
Barakathullah ...Appellant/A7
Vs.
Union of India,
Rep. by Inspector of Police,
National Investigation Agency,
Chennai Branch.
(In RC No.42/2022/NIA/DLI) ...Respondent/Complainant
Criminal Appeal filed u/s.21of National Investigation Agency Act,
2008, to set aside the impugned order dated 25.07.2024 passed by the
learned District and Sessions Judge, Special Court under the National
Investigation Agency Act, 2008 [Sessions Court for Exclusive Trial of Bomb
Blast/POTA Cases] Chennai at Poonamallee, Chennai in Crl.MP No.1608 of
2024 in Spl.S.C.No.1 of 2023 and enlarge the appellant on bail for 15 days.
For Appellant : Mr.T.Mohan, Sr. counsel
for Mr.A.Rajamohamed
For Respondent : Mr.E.Raj Thilak
1
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Crl.A.No.982 of 2024
Additional Public Prosecutor
JUDGMENT
(Order of the Court was delivered by SUNDER MOHAN, J.)
The bail application in Crl.M.P.No.1608 of 2024 filed by the
appellant/A7, seeking 15 days bail on the ground that his mother is on
ventilator support, was dismissed on 25.07.2024 by the learned District and
Sessions Judge, Special Court under the National Investigation Agency Act,
2008 [Sessions Court for Exclusive Trial of Bomb Blast/POTA Cases]
Chennai at Poonamallee, Chennai, mainly on the ground that the Court had
no power, since the appellant was involved in the offence falling under
Chapters IV and VI of the UA (P) Act and the bar under the proviso to
Section 43 – D (5) of the UA (P) Act, would be applicable. Challenging the
said order and seeking bail for 15 days, the instant Criminal Appeal has
been filed.
2. Heard the learned counsel appearing on either side and perused the
relevant materials placed before us.
3. This Court by order dated 19.10.2023 had granted regular bail to
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the appellant and the co-accused. The respondent had challenged the said
order before the Hon'ble Supreme Court and vide order dated 22.05.2024 in
Crl.A.Nos.2715-2719 of 2024 (@ SLP (Crl.) No.14036-14040 of 2023), the
Hon'ble Supreme Court had set aside the orders passed by this Court and the
appellant thereafter surrendered.
4. The present appeal seeks interim bail as the appellant's mother is in
a critical condition. The respondent had verified the said fact and had
represented before the trial Court that the appellant's mother is critically ill.
5. When the matter came up for hearing on 31.07.2024, we had asked
the learned Special Public Prosecutor to take instructions on the medical
condition of the appellant's mother.
6. Today, the learned Special Public Prosecutor submitted that it is a
fact that the appellant's mother is critically ill. Therefore, we are of the view,
that the appellant can be released on interim bail for a period of seven days
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from 03.08.2024 to 09.08.2024, on the following conditions:
(i) The appellant shall execute a bond and furnish two
independent sureties for a likesum of Rs.25,000/- [Rupees Twenty
Five Thousand only] each, to the satisfaction of the learned
District and Sessions Judge, Special Court under the National
Investigation Agency Act, 2008 [Sessions Court for Exclusive
Trial of Bomb Blast/POTA Cases] Chennai at Poonamallee,
Chennai;
(ii) The appellant and the sureties shall affix their
photographs and Left Thumb Impression in the surety bond and
the trial Court may obtain a copy of their Aadhar card or Bank
pass Book and mobile numbers to ensure their identity;
(iii) The appellant shall appear and sign before the Inspector
of Police, Valinokkam Police Station, Ramanathapuram, daily at
10.30 a.m.;
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(iv) The appellant shall surrender before the jail authorities
at or before 5.00 p.m., on 09.08.2024; and
(v) The trial Court shall accept the sureties on the basis of
the web copy to be produced by the Advocates/parties.
7. Post the Criminal Appeal on 09.08.2024.
[MSRJ] [SMJ]
02.08.2024
ars
Speaking/Non-Speaking order
Neutral Citation: Yes/No
Issue order copy today.
Upload the order forthwith.
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M.S.RAMESH, J
and
SUNDER MOHAN, J
ars
To
1.The District and Sessions Judge,
Special Court under the National Investigation Agency Act, 2008
[Sessions Court for Exclusive Trial of Bomb Blast/POTA Cases]
Chennai at Poonamallee, Chennai
2.The Inspector of Police,
Inspector of Police,
National Investigation Agency,
Chennai Branch.
3. The Inspector of Police,
Valinokkam Police Station,
Ramanathapuram.
4.The Public Prosecutor,
Madras High Court,
Chennai – 600 104.
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02.08.2024
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