Madras High Court
V.Sundaramoorthy vs The State Of Tamilnadu Rep By on 12 March, 2025
Author: M.S.Ramesh
Bench: M.S.Ramesh
Crl.A. No.257 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.03.2025
CORAM
THE HONOURABLE MR.JUSTICE M.S.RAMESH
and
THE NONOURABLE MR.JUSTICE N.SENTHILKUMAR
Criminal Appeal No.257 of 2025
V.Sundaramoorthy .. Appellant
Vs.
The State Of Tamilnadu Rep By,
The Deputy Superintendent Of Police,
Q Branch CID,
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.95 of 2025 in
Spl.S.C.No. 3 of 2022 dated 25.02.2025 on the file of the Special Court under
Prevention of Terrorism Act, Poonamalle, chennai and enlarge the appellant
on bail.
***
For Appellant : Mr.R.Sankarasubbu
For Respondent : Mr.S.Raja kumar,
Additional Public Prosecutor
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Page 1/7
Crl.A. No.257 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
25.02.2025 made in Crl.M.P.No.95 of 2025 in Spl.SC No.3/2022.
2. The appellant/accused No.26 was charged for the offence under
Sections 148, 333, 307, 333 r/w Section 149 IPC, 307 IPC r/w Section 149
IPC, 307 IPC r/w Section 149 IPC and Section 120(B) IPC r/w Section 3(2)(b)
of the Prevention of Terrorism Act, 2002. The trial was pending before the
Special Court. The appellant was arrested in the month of June, 2007 and was
set at liberty on bail by this Hon'ble Court by its order dated 29.12.2021.
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 05.02.2025 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
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appellant on bail was filed under Section 439 Cr.P.C and the same was
dismissed on 25.02.2025 in Crl.M.P.No.95 of 2025. Challenging the said
order, the present appeal is filed.
3. Admittedly, the appellant/accused was under incarceration for about
fourteen 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 05.02.2025, 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 05.02.2025, an application was
filed to recall the Non Bailable Warrant, however, the trial court had
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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 25.02.2025 made in Crl.M.P.No.95 of 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.]
12.03.2025
(5/5)
Note:Issue order copy on 13.03.2025
Index: Yes/No
Speaking/Non-speaking order
Internet: Yes/No
Neutral Citation: Yes/No
Anu
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To
1.The Special Court under Prevention of Terrorism Act,
Poonamallee, Chennai
2.The Deputy Superintendent Of Police,
Q Branch CID,
Dharmapuri.
3.The Public Prosecutor, High Court, Madras
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M.S.RAMESH, J.
and
N.SENTHILKUMAR, J.
Anu
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Dated : 12.03.2025
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