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Madras High CourtCRL A/1602/2024allowed

Vinayagam v. The State Rep By

2025-02-27Honourable Mr Justice M.S. Ramesh,Honourable Mr.Justice N.Senthilkumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.02.2025

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE NONOURABLE MR.JUSTICE N.SENTHILKUMAR Criminal Appeal No.1602 of 2024 Vinayagam .. Appellant Vs.

State rep. by:

Deputy Superintendent of Police Q Branch CID Dharmapuri (Uthangarai Police Station Cr. Nos.1004/2002 1005/2002, 1006/2002 and Kallavi Police Station Crime No.434/2002) .. 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.2622 of 2024 in Spl.S.C. No.3 of 2022 dated 05.12.2024 on the file of Special Court under Prevention of Terrorism Act, Poonamallee, Chennai. * * * For Appellant : Mr.R.Sankarasubbu For Respondent : Mr.S.Rajakumar, Additional Public Prosecutor Page 1/6

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 05.12.2024 made in Crl.M.P. No.2622/2024 in Spl.S.C. No.3/2022.

2. The appellant/accused No.17 was charged for the offence under Sections 120-B of IPC with 22(5), 3(5) and 4(b) of Prevention of Terrorism Act, 2002 (hereinafter referred to as POTA), 22(1)(a) of POTA with 22(5) of POTA, 25(1-B) with Arms Act, 3/1959 and 148, 307, 333 of IPC and 307, 333 and 353 with 149 of 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 11.05.2007. 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 and thereafter, the appellant filed a petition to recall the warrant by filing Crl.M.P. No.2622 of 2024. However, the Special Court had dismissed the same and remanded the appellant/accused to judicial custody. Challenging the said order, the present appeal is filed. Page 2/6

3. Admittedly, the appellant/accused was 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 had issued a Non Bailable Warrant and when the accused surrendered before the Special Court on the next day i.e. on 14.11.2024, the trial court had dismissed the Recall application and remanded the appellant to judicial custody and from thereafter, the appellant/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 of Cr.P.C. and on the next day an application was filed to recall the Non Bailable Warrant in Crl.M.P. No.2622/2024, however, 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 Page 3/6

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 05.12.2024 made in Crl.M.P. No.2622/2024 in Spl.S.C. No.3/2022, is set aside. The conditions imposed by the Special court at the time of granting the bail shall be in tact except to the extent of furnishing local sureties to the satisfaction of the Special Court.

[M.S.R., J.] [N.S., J.] 27.02.2025 Asr 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 Crime No.434/2002) 3.The Public Prosecutor, High Court, Madras Page 4/6

M.S.RAMESH, J.

and N.SENTHILKUMAR, J.

Asr Crl. A. No.1602 of 2024 Page 5/6

Dated : 27.02.2025 Page 6/6