Madras High Court
Suresh vs The State Of Tamilnadu Rep By on 12 March, 2025
Author: M.S.Ramesh
Bench: M.S.Ramesh
Crl.A. No.217 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.217 of 2025
SURESH .. 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.2665 of 2024 in
Spl.S.C.No. 3 of 2022 dated 19.12.2024 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.217 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.2665 of 2024 in Spl.SC No.3/2022.
2. The appellant/accused No.4 was charged for the offence under
Section 148, 333, 307, 333 r/w Section 149 IPC and Section 307 IPC r/w
Section 149 IPC, 307 IPC r/w Section 149 IPC and 120(B) of IPC r/w Section
3(2)(b) of POTA Act, 2002, Section 25(1B)(a) of the Arms Act, 1959 and
Section 3(3), 3(5), 4(b), 22(1) of POTA Act, 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 22.01.2007.
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. On the same day, the appellant
filed a petition under Section 317 Cr.P.C. However, the Special Court had
dismissed the same and remanded the appellant/accused to judicial custody on
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24.11.2024. Consequently, a petition to enlarge the appellant on bail was filed
under Section 439 Cr.P.C and the same was dismissed on 19.12.2024 in
Crl.M.P.No.2665 of 2024. Challenging the said order, the present appeal is
filed.
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 remanded the appellant to judicial custody
on 24.11.2024 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, despite an application was filed under
Section 317 Cr.P.C., the trial Court had dismissed the same. The absence of
the appellant/accused was bona fide by filing the application under Section
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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 19.12.2024 made in Crl.M.P.No.2665 of 2024 in Spl.S.C. No.3/2022, is
set aside. Consequently, the appellant shall be released on bail on condition
that he 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
(3/5)
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,
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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