Madras High Court
Sathiya Mary @ Padma vs The State Of Tamilnadu Rep By on 5 March, 2025
Author: M.S.Ramesh
Bench: M.S.Ramesh
Crl.A. No.206 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.03.2025
CORAM
THE HONOURABLE MR.JUSTICE M.S.RAMESH
and
THE NONOURABLE MR.JUSTICE N.SENTHILKUMAR
Criminal Appeal No.206 of 2025
Sathiya Mary @ Padma .. Appellant/A-30
Vs.
The State Of Tamilnadu Rep By,
The Deputy Superintendent Of Police,
Q Branch, Dharmapuri.
.. 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.2677/2024 in Spl.SC
No.3/2022 dated 19.12.2024 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.206 of 2025
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
19.12.2024 made in Crl.M.P.No.2677/2024 in Spl.SC No.3/2022.
2. The appellant/accused No.30 was charged for the offence under
Sections 120-B, 148, 149, 333, 307 IPC r/w Sections 3(2)(b), 3(5) of POTA,
2002. 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 05.05.2005. Thereafter, on 20.01.2017, the bail was cancelled
and the appellant surrendered on 07.12.2018. Subsequently, the appellant was
released on bail in Crl.A.No.417 of 2021 dated 03.02.2022. During the
pendency of the on going trial, the appellant filed a petition in
Crl.M.P.No.2460 of 2024, seeking permission to meet her parents at
Hyderabad and the Special Court had allowed the petition, granting 7 days
leave i.e from 23.11.2024 to 29.11.2024. However, the Special Court had
issued a Non Bailable Warrant against the appellant on 25.11.2024.
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Subsequently, the appellant moved a direction petition before this Court in
Crl.O.P.No.29945 of 2024, and this Court had directed the appellant to
surrender and file a recall petition before the Special Court. Thereby, the
appellant had filed a petition to recall the warrant on 02.12.2024 under
Section 70(2) Cr.P.C. However, the Special Court had dismissed the same and
remanded the appellant/accused to judicial custody. Consequently, a petition
to enlarge the appellant on bail was filed in Crl.M.P.No.2677 of 2024 under
Section 439 Cr.P.C, and the same was also dismissed by the Special Court.
Challenging the said order, the present appeal is filed.
3. Admittedly, the appellant/accused was under incarceration for about
3 ½ years and thereafter bail was granted. Mr.R.Sankarasubbu, the learned
counsel appearing for the appellant would contend that, when the appellant
was granted with leave for a period of seven days from 23.11.2024 to
29.11.2024 by the Special Court by allowing the Crl.M.P.No.2460 of 2024
filed by her, issuing a Non Bailable Warrant against the appellant on
25.11.2024 is not sustainable. Subsequently, the appellant moved a direction
petition before this Court in Crl.O.P.No.29945 of 2024 and this Court had
directed the appellant to surrender and file a recall petition before the Special
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Court and in compliance of the order of this Court, the appellant had also filed
a petition to recall the warrant on 02.12.2024 under Section 70(2) Cr.P.C.
However, on the contrary, the Special Court had dismissed the said recall
petition and remanded the appellant to judicial custody and from thereafter,
the accused is in jail.
4. There is substantial force in the argument advanced by the learned
counsel appearing for the appellant contending that pursuant to the order of
this Court, the appellant filed an application to recall the Non Bailable
Warrant, however, the trial court had dismissed the same. The absence of the
appellant/accused was bona fide and the same is justifiable as per the order of
the Special Court dated 22.11.2024 made in Crl.M.P.No.2460 of 2024.
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 19.12.2024 made in Crl.M.P.No.2677/2024 in Spl.S.C. No.3/2022, is
set aside. Consequently, the appellant shall be released on bail on condition
that she shall 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
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appellant shall appear before the Special Court under Prevention of Terrorism
Act, Poonamallee, Chennai, on all hearing dates.
[M.S.R., J.] [N.S., J.]
05.03.2025
(1/2)
Index: Yes/No
Speaking/Non-speaking order
Internet: Yes/No
Neutral Citation: Yes/No
Anu
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.
Anu
Dated : 05.03.2025
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