Madras High Court
Boothipatti Ramachandran vs The State Of Tamilnadu Rep By on 12 March, 2025
Author: M.S.Ramesh
Bench: M.S.Ramesh
Crl.A. No.222 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.222 of 2025
Boothipatti Ramachandran .. 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.70/2025 in Spl.SC
No.3/2022 dated 07.02.2025 on the file of Special Court under Prevention of
Terrorism Act, Poonamallee, Chennai.
***
For Appellant : Mr.R.Sankarasubbu
For Respondent : Mr.S.Raja kumar,
Additional Public Prosecutor
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Page 1/7
Crl.A. No.222 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
07.02.2025 made in Crl.M.P.No.70/2025 in Spl.SC No.3/2022.
2. The appellant/accused No.25 was charged for the offence under
Sections 3(5) of POTA, 2002, under Section 120, 148, 333 r/w Section 149 &
307 r/w Section 149 of IPC. The trial was pending before the Special Court.
The appellant was arrested on 17.05.2005 and was set at liberty on bail by this
Hon'ble Court by its order dated 26.11.2007. 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. Consequently, a petition
to enlarge the appellant on bail was filed under Section 439 Cr.P.C and the
same was dismissed on 07.02.2025 in Crl.M.P.No.70 of 2025. Challenging the
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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
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
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.
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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 07.02.2025 made in Crl.M.P.No.70/2025 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
(1/5)
Note:Issue order copy on 13.03.2025
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
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Crime No.434/2002)
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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