Madras High Court
Vinayagam vs State Rep. By on 27 February, 2025
Author: M.S.Ramesh
Bench: M.S.Ramesh
Crl.A. No.1602 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.02.2025
CORAM
THE HONOURABLE MR.JUSTICE M.S.RAMESH
and
THE NONOURABLE MR.JUSTICE N.SENTHILKUMAR
Criminal Appeal No.1602 of 2024
Vinayagam .. Appellant
Vs.
State rep. by:
Deputy Superintendent of Police
Q Branch CID
Dharmapuri
(Uthangarai Police Station Cr. Nos.1004/2002
1005/2002, 1006/2002 and Kallavi Police Station
Crime No.434/2002) .. Respondent
***
Prayer : Criminal Appeal filed under Section 34 of the Prevention of
Terrorism Act, 2002 to set aside the order in Crl.M.P. No.2622 of 2024 in
Spl.S.C. No.3 of 2022 dated 05.12.2024 on the file of Special Court under
Prevention of Terrorism Act, Poonamallee, Chennai.
***
For Appellant : Mr.R.Sankarasubbu
For Respondent : Mr.S.Rajakumar,
Additional Public Prosecutor
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Page 1/6
Crl.A. No.1602 of 2024
JUDGMENT
(delivered by N.SENTHILKUMAR, J.)
The present criminal appeal is filed challenging the order of the Special
Court under Prevention of Terrorism Act, Poonamallee, Chennai, dated
05.12.2024 made in Crl.M.P. No.2622/2024 in Spl.S.C. No.3/2022.
2. The appellant/accused No.17 was charged for the offence under
Sections 120-B of IPC with 22(5), 3(5) and 4(b) of Prevention of Terrorism
Act, 2002 (hereinafter referred to as POTA), 22(1)(a) of POTA with 22(5) of
POTA, 25(1-B) with Arms Act, 3/1959 and 148, 307, 333 of IPC and 307, 333
and 353 with 149 of IPC. The trial was pending before the Special Court. The
appellant was arrested on 24.11.2002 and was set at liberty on bail by this
Hon'ble Court by its order dated 11.05.2007. During the pendency of the on
going trial, the appellant could not appear before the Special Court on
13.11.2024 wherein the Special Court had issued a Non Bailable Warrant
against the appellant and thereafter, the appellant filed a petition to recall the
warrant by filing Crl.M.P. No.2622 of 2024. However, the Special Court had
dismissed the same and remanded the appellant/accused to judicial custody.
Challenging the said order, the present appeal is filed.
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3. Admittedly, the appellant/accused was incarceration for about four
years and thereafter bail was granted. Mr.R.Sankarasubbu, the learned counsel
appearing for the appellant would contend that, when an accused could not
appear before the court and an application under Section 317 of Cr.P.C is
filed, the normal practice of the court is to accept the application and grant
permission. Per contra, the court had dismissed the application and had issued
a Non Bailable Warrant and when the accused surrendered before the Special
Court on the next day i.e. on 14.11.2024, the trial court had dismissed the
Recall application and remanded the appellant to judicial custody and from
thereafter, the appellant/accused is in jail.
4. There is substantial force in the argument advanced by the learned
counsel appearing for the appellant contending that when a Non Bailable
Warrant was issued on 13.11.2024 despite an application was filed under
Section 317 of Cr.P.C. and on the next day an application was filed to recall
the Non Bailable Warrant in Crl.M.P. No.2622/2024, however, the trial court
had dismissed the same. The absence of the appellant/accused was bona fide
by filing the application under Section 317 Cr.P.C. and he has subjected
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himself before the Special Court to demonstrate his bona fides to show before
the Special Court that he is appearing before the special court.
5. In view of the same, this appeal is allowed and the order of the
Special Court under Prevention of Terrorism Act, Poonamallee, Chennai,
dated 05.12.2024 made in Crl.M.P. No.2622/2024 in Spl.S.C. No.3/2022, is
set aside. The conditions imposed by the Special court at the time of granting
the bail shall be in tact except to the extent of furnishing local sureties to the
satisfaction of the Special Court.
[M.S.R., J.] [N.S., J.]
27.02.2025
Asr
To
1.The Special Court under Prevention of Terrorism Act,
Poonamallee, Chennai
2.The Deputy Superintendent of Police
Q Branch CID, Dharmapuri
(Uthangarai Police Station Cr. Nos.1004/2002
1005/2002, 1006/2002 and Kallavi Police Station
Crime No.434/2002)
3.The Public Prosecutor, High Court, Madras
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M.S.RAMESH, J.
and
N.SENTHILKUMAR, J.
Asr
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Dated : 27.02.2025
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