The accused is facing a prosecution for the commission of offences under S. 21(2) and (3) of the Prevention of Terrorism Act, 2002 (in short 'POTA'), apart from S. 10 of the Unlawful Activities (Prevention) Act, 1967. The allegation against him is that he has arranged for a meeting on 13-4-2002, where inflammatory speeches were given by the speakers, suggesting their support and inviting the support of the public to a banned organisation called Liberation Tigers of Tamil Eelam (LTTE). The offence having taken place in 2002, the other accused persons later on came to be arrested. However, this accused came to be arrested only on 11-3-2003, as according to the accused he surrendered before the Deputy Superintendent of Police, 'Q' Branch.

It is now a settled position that if the accused, who face the prosecution for the offences under POTA are behind the bars for one year, after one year the question of their bail application would be considered in the light of ordinary law and not in the line of S. 49(6) of POTA. The Supreme Court has already held and confirmed the judgment by this Court in Nedumaran P. v. State, reported in 2004 (1) CTC 721, granting bail to the other co