Bava Bahrudeen@Mannai Bava v. Union Of India Rep By

Crl.M.P. No.5337 of 2023 in Crl. A. No.487 of 2022 M.SUNDAR, J., and R.SAKTHIVEL, J., (Order of the Court was made by M.SUNDAR,J.,) This order will now dispose of captioned 'Criminal Miscellaneous Petition' (hereinafter 'Crl.M.P.' for the sake of convenience and clarity).

2.

Short facts are that this Court granted bail in Crl. A. No.487 of 2022 which was numbered as a statutory appeal under Section 21(4) of National Investigation Agency Act, 2008 against an order dated 13.04.2022 passed by the 'Special Court under the National Investigation Agency Act, 2008 (Sessions Court for Exclusive Trial of Bomb Blast Cases), Poonamallee, Chennai - 56' (hereinafter 'Trial Court' for the sake of convenience and clarity) rejecting the appellant's bail application. This was vide order dated 15.07.2022 and while granting bail, certain conditions were imposed and subsequently one of the conditions was relaxed in and by an order dated 18.11.2022 in Crl.M.P.No.16628 of 2022.

3.

To be noted, the original bail order with conditions and relaxation order have been made by two different Honourable Predecessor Benches.

4.

Today, Mr.A.Rawther Naina Mohamed, learned counsel for appellant/petitioner and Mr.R.Karthikeyan, learned Special Public Prosecutor for NIA Cases for the respondent are before us. 5.

We are informed without any disputation or contestation that all the conditions qua bail have been duly complied with by the appellant. In this view of the matter, prayer in the captioned Crl.M.P. is acceded to. However, for the sake of convenience, we make it clear that the condition that the petitioner shall report before the Trial court on the first working day of every month is now relaxed which means the following conditions will continue to operate:

(i) The appellant/petitioner shall not leave the State of Tamil Nadu without prior permission from the Special Court under the National Investigation Agency

Act, 2008 (Sessions Court for Exclusive Trial of Bomb Blast Cases), Poonamallee, Chennai - 56;

(ii) The appellant shall regularly appear before the Trial Court in Spl. S.C. No.26 of 2022. we make it clear that in a given hearing if a petition under Section 317 Cr.P.C. is filed, the same shall be considered by the Trial Court on its own merits and in accordance with law notwithstanding this order made by this Court;

(iii) All other conditions imposed by Honourable Predecessor Bench vide order dated 15.07.2022 in Crl. A. No.487 of 2022 will continue to operate.

6.

Captioned Crl.M.P. is disposed of in the aforesaid manner.

[M.S.J.,] [R.S.V.J.,] mmi 15.06.2023

M.SUNDAR, J., and R.SAKTHIVEL, J., mmi Crl.M.P. No.5337 of 2023 in Crl. A. No.487 of 2022 15.06.2023