Madras High Court
Duraisingavel vs State Rep. By on 27 February, 2025
Author: M.S.Ramesh
Bench: M.S.Ramesh
Crl.A.No.1603 of 2024
Crl.A.No.1603 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 appellants.
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 appellants shall be
released on bail on condition that they furnish two sureties on execution
of a bond to the value of Rs.5,000/- (Rupees Five Thousand only), with a
further condition that the appellants 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.1603 of 2024
M.S.RAMESH, J.
and
N.SENTHILKUMAR, J.
kas
Crl.A.No.1603 of 2024
06.03.2025
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Crl.A.No.1603 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.1603 of 2024
1.Duraisingavel
2.Palani .. Appellants
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.2623 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
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Crl.A.No.1603 of 2024
For Respondent : Mr.S.Rajakumar,
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.2623/2024 in Spl.S.C. No.3/2022.
2. The appellants/accused Nos.22 and 9 were 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 first appellant was arrested on 26.11.2002 and was
set at liberty on bail by this Hon'ble Court by its order dated 06.12.2007.
The second appellant was arrested on 24.01.2003 and was set at liberty on
bail by this Hon'ble Court by its order dated 12.04.2007. During the
pendency of the on going trial, the appellants could not appear before the
Special Court on 13.11.2024 wherein the Special Court had issued a Non
Bailable Warrant against the appellants and thereafter, the appellants had
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filed a petition to recall the warrant by filing Crl.M.P. No.2623 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.
3. Admittedly, the appellants/accused were incarceration for about
four years and thereafter bail was granted. Mr.R.Sankarasubbu, the learned
counsel appearing for the appellants 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 has 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
appellants to judicial custody and from thereafter, the accused are in jail.
4. There is substantial force in the argument advanced by the learned
counsel appearing for the appellants contending that when a Non Bailable
Warrant was issued on 13.11.2024 despite an application was filed under
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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.2623/2024, however, the
trial court had dismissed the same. The absence of the appellants/accused
was bona fide by filing the application under Section 317 Cr.P.C. and they
have subjected themselves before the Special Court to demonstrate their
bona fides to show before the Special Court that they are 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.2623/2024 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,
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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
M.S.RAMESH, J.
and
N.SENTHILKUMAR, J.
Asr
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Dated : 27.02.2025
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