Madras High Court
Ananthi @ Amalorpavam vs The State Of Tamilnadu Rep By on 5 March, 2025
Author: M.S.Ramesh
Bench: M.S.Ramesh
Crl.A. No.192 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.192 of 2025
Ananthi @ Amalorpavam .. Appellant
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.26/2025 in Spl.SC
No.3/2022 dated 24.01.2025 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
________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/03/2025 06:41:40 pm )
Page 1/6
Crl.A. No.192 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
24.01.2025 made in Crl.M.P.No.26/2025 in Spl.SC No.3/2022.
2. The appellant/accused No.20 was charged for the offence under
Sections 3(5) of POTA, 2022, 120 B, 148, 207 r/w Section 149 & 333 r/w
Section 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 06.09.2005. 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 had filed a petition to recall
the warrant on 26.12.2024 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
under Section 439 Cr.P.C and the same was dismissed on 24.01.2025 in
Crl.M.P.No.26 of 2025. Challenging the said order, the present appeal is filed.
________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/03/2025 06:41:40 pm )
3. Admittedly, the appellant/accused was under 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 has
issued a Non Bailable Warrant and when the accused surrendered before the
Special Court on 26.12.2024, the trial court had dismissed the Recall
application 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 when a Non Bailable
Warrant was issued on 13.11.2024 and on 26.12.2024, an application was
filed to recall the Non Bailable Warrant, 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 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.
________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/03/2025 06:41:40 pm )
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 24.01.2025 made in Crl.M.P.No.26/2025 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 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
(2/2)
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)
________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/03/2025 06:41:40 pm )
3.The Public Prosecutor, High Court, Madras
________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/03/2025 06:41:40 pm )
M.S.RAMESH, J.
and
N.SENTHILKUMAR, J.
Anu
Dated : 05.03.2025
________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/03/2025 06:41:40 pm )
