Allowed¶31

Raja v. the State of Tamilnadu Rep by, the Deputy Superintendent of Police

Madras HC24 Apr 2025CRL A/317/2025

Case brief

AI extract

What is this about?

Bail pending POTA trial; non-appearance before Special Court on 13.11.2024; Non Bailable Warrant; dismissal of Section 317 Cr.P.C. application; remand to judicial custody on 03.03.2025; refusal of bail under Section 439 Cr.P.C. on 17.03.2025; absence held bona fide; criminal appeal allowed and impugned order set aside; release on two sureties with Rs.5,000/- bond and appearance on all hearing dates; Crl.A. Madras High Court; accused No.18; Spl.S.C.No.3 of 2022; Crl.M.P.No.146 of 2025.

What did the court decide?

Impugned order set aside; appellant to be released on bail on furnishing two sureties on execution of a bond of Rs.5,000/-, with a further condition that he appear before the Special Court under POTA, Poonamallee, Chennai on all hearing dates. ¶31

Raja Vs the State of Tamilnadu Rep by, the Deputy Superintendent of Police — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the order of the Special Court under POTA, Poonamallee, Chennai dated 17.03.2025 in Crl.M.P.No.146 of 2025 in Spl.S.C.No.3 of 2022 dismissing the appellant's bail petition should be set aside and the appellant enlarged on bail. +1 more

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Court's answer

There is substantial force in the contention that when a Non Bailable Warrant was issued on 13.11.2024 and an application under Section 317 Cr.P.C. was filed, the trial Court erred in dismissing the same.

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Ratio / Principle

The absence of the appellant/accused was bona fide, as demonstrated by his filing the application under Section 317 Cr.P.C. and subjecting himself before the Special Court to show that he is appearing before it.

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Key takeaways

The appeal is allowed; the order dated 17.03.2025 in Crl.M.P.No.146 of 2025 in Spl.S.C.No.3 of 2022 is set aside, and the appellant shall be released on bail on furnishing two sureties with a bond of Rs.5,000/- and on condition that he appears before the Special Court on all hearing dates.ratio¶31

Detailed headnote1 paragraphs

Madras High Court (Crl.A.No.317 of 2025, decided 24.04.2025; N.Senthilkumar, J. delivering the judgment of the Court comprising M.S.Ramesh and N.Senthilkumar, JJ.): The appellant, accused No.18 in Spl.S.C.No.3 of 2022 (offences under Sections 120B IPC r/w. 3(2)(b), 3(5) of POTA, 148, 307 r/w. Sections 149 & 333 r/w. Sections 149 & 353 IPC r/w. Section 149 IPC), earlier bailed by this Court on 07.02.2007 after about four years' incarceration, failed to appear before the Special Court on 13.11.2024; a Non Bailable Warrant was issued, his Section 317 Cr.P.C. application was dismissed and he was remanded to judicial custody on 03.03.2025; his Section 439 Cr.P.C. bail petition was dismissed on 17.03.2025 in Crl.M.P.No.146 of 2025. Holding that the trial Court ought not to have dismissed the Section 317 Cr.P.C. application and that the appellant's absence was bona fide, the Court allowed the appeal, set aside the impugned order, and directed release on bail on two sureties with a Rs.5,000/- bond and a condition to appear before the Special Court on all hearing dates.

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Crl.A.No.317 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 24.04.2025

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CORAM

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THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE NONOURABLE MR.JUSTICE N.SENTHILKUMAR

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Criminal Appeal No.317 of 2025

Raja

.. Appellant

Vs.

The State of Tamil Nadu rep. By The Deputy Superintendent of Police, Q Branch, Dharmapuri.

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.. Respondent

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Prayer: Criminal Appeal filed under Section 34 of the Prevention of Terrorism Act, 2002, to set aside the order in Crl.M.P.No.146 of 2025 in Spl.S.C.No.3 of 2022 dated 17.03.2025 on the file of the Special Court under Prevention of Terrorism Act, Poonamallee, 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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https://www.mhc.tn.gov.in/judis

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Crl.A.No.317 of 2025

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JUDGMENT

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(Judgment of the Court was 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 17.03.2025 made in Crl.M.P.No.146 of 2025 in Spl.S.C.No.3 of 2022.

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2.The appellant/accused No.18 was charged for the offence under Sections 120B IPC r/w. 3(2)(b), 3(5) of POTA, 148, 307 r/w. Sections 149 & 333 r/w. Sections 149 & 353 IPC r/w. Section 149 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 07.02.2007. 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 03.03.2025. Consequently, a petition to enlarge the

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https://www.mhc.tn.gov.in/judis

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Crl.A.No.317 of 2025

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appellant on bail was filed under Section 439 Cr.P.C and the same was dismissed on 17.03.2025 in Crl.M.P.No.146 of 2025. Challenging the said order, the present appeal is filed.

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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 03.03.2025 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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https://www.mhc.tn.gov.in/judis

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Crl.A.No.317 of 2025

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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

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Special Court under Prevention of Terrorism Act, Poonamallee, Chennai, dated 17.03.2025 made in Crl.M.P.No.146 of 2025 in Spl.S.C.No.3 of 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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(M.S.R.,J.) (N.S.,J.) 24.04.2025

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Index:Yes/No Neutral Citation:Yes/No Speaking order/Non-speaking order hvk

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Note: Issue order copy on 30.04.2025

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https://www.mhc.tn.gov.in/judis

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Crl.A.No.317 of 2025