Madras High Court
Vinayagam .. Appellant vs State Rep. By on 27 February, 2025
Author: M.S.Ramesh
Bench: M.S.Ramesh
Crl.A.No.1602 of 2024
Crl.A.No.1602 of 2024
M.S.RAMESH, J.
AND
N.SENTHILKUMAR, J.
The matter is listed today under the caption "For being spoken to", at
the instance of the learned counsel appearing for the appellant.
2.Paragraph No.5 of the order of this Court dated 27.02.2025 shall
stand substituted as follows:
" ........
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.2623 of 2024 in
Spl.S.C.No.3 of 2022, is set aside. Consequently, the appellant shall be
released on bail on condition that he furnishes two sureties on execution
of a bond to the value of Rs.5,000/- (Rupees Five Thousand only), with a
further condition that the appellant shall appear before the Special
Court under Prevention of Terrorism Act, Poonamallee, Chennai, on all
hearing dates.
3.This matter stands clarified accordingly. Registry shall issue a
fresh order copy to the parties after incorporating the above corrections.
(M.S.R, J.) (N.S, J.)
06.03.2025
kas
Note: Issue Order Copy on 06.03.2025
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Crl.A.No.1602 of 2024
M.S.RAMESH, J.
and
N.SENTHILKUMAR, J.
kas
Crl.A.No.1602 of 2024
06.03.2025
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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,
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Crl.A.No.1602 of 2024
Additional Public Prosecutor
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
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appellant/accused to judicial custody. Challenging the said order, the
present appeal is filed.
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
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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 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
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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
M.S.RAMESH, J.
and
N.SENTHILKUMAR, J.
Asr
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Dated : 27.02.2025
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