Chandra Vs State Rep. by

Prayer : Criminal Appeal filed under Section 34 of the Prevention of Terrorism Act, 2002, to set aside the order in Crl.M.P.No.2666 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.

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*** * *** For Appellant : Mr.R.Sankarasubbu For Respondent : Mr.S.Raja kumar, Additional Public Prosecutor

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Crl.A. No.223 of 2025

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JUDGMENT

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(delivered by N.SENTHILKUMAR, J.)

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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.2666 of 2024 in Spl.SC No.3/2022.

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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 21.07.2016 and was set at liberty on bail by this Hon'ble Court by its order dated 29.03.2023. 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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25.11.2024. 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

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Crl.M.P.No.2666 of 2024. Challenging the said order, the present appeal is filed.

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Admittedly, the appellant/accused was under incarceration for about eight 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 25.11.2024 and from thereafter, the accused is in jail.

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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.

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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.2666 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.

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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

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