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2022 Supreme(Mad) 247
IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.N. PRAKASH, R. HEMALATHA, JJ.
Sathya Mary @ Padma – Appellant
Versus
State represented by Deputy Superintendent of Police, Kallavi – Respondent
Crl.A. No. 417 of 2021
Decided on : 03-02-2022
Advocate Appeared:
For the Appellant :R. Sanakarasubbu, Advocate.
For the Respondent: R. Muniyapparaj, Additional Public Prosecutor.
Headnote:
Prevention of Terrorism Act (POTA), 2002 - Section 34 (4),3 ,5,and 2 – Indian Penal Code,1860 - Sections 148,149, 333, 307, 333 - Arms Act, 1959 - Section 25(1B)(a) - Criminal Procedure Code,1973 - Sections 446-A and 82 Cr.P.C. – Punishment for riots – Bail Bond - Present criminal appeal is filed against order in Crl.M.P.No.211 of 2011 in Spl.C.C.No.5 of 2003, wherein bail petition of appellant was dismissed by Special Court for Exclusive Trial of Bomb Blast Cases - Appellant was enlarged on bail on with certain conditions by Court appellant absconded in 2009 and ultimately, her bail was cancelled by an order in Cr.l.M.P.No.3631/2016, followed by initiation of action under Sections 446-A and 82 Cr.P.C. - Sureties were discharged after payment of penalty and when proclamation proceedings under Section 82 Cr.P.C. were pending appellant surrendered on before Special Court and was remanded in judicial custody – Held, Court are also alive to fact that in matters in which, people wedded to a certain ideology like appellant herein are involved they would do everything possible to prevent conduct of trial which will not be known to outside world or to press - Even in Court case Special Judge with great difficulty after consulting both sides fixed a calendar for completing trial On day when PW1 was to be examined Advocate for accused withdrew his memo of appearance and successfully prevented Special Judge from conducting trial - Court are inclined to grant bail to appellant because of her health condition as well taking into consideration fact that she had voluntarily surrendered in year 2018 and has been in incarceration for over three years since then. – Court are applying a soothing balm, in order to give her an opportunity to reaffirm her allegiance to Constitution of India - Petition dismissed.
JUDGMENT :
(Prayer: Criminal Appeal filed under Section 34 (4) of POTA Act praying to set aside the order passed in Crl.M.P.No.211 of 2021 in Spl.C.C.No.5 of 2003 dated 05.08.2021 on the file of the Special Court under the Prevention of Terrorism Act (POTA), 2002 (Sessions Court for Exclusive Trial of Bomb Blast Cases), Poonamallee, Chennai.)
P.N. Prakash, J.
1. The present criminal appeal is filed against the order dated 05.08.2021 in Crl.M.P.No.211 of 2011 in Spl.C.C.No.5 of 2003, wherein the bail petition of the appellant was dismissed by the Special Court for Exclusive Trial of Bomb Blast Cases, Poonamallee, Chennai (hereinafter called as “Special Court”).
2. The appellant is an accused in Spl.C.C.No.5 of 2003 before the Special Court for the offences punishable under Sections 148, 333, 307, 333 IPC read with Section 149 IPC, Section 307 IPC read with Section 149 IPC and Section 120-B IPC read with Section 3(2)(b) of the Prevention of Terrorism Act, 2002, Section 25(1B)(a) of the Arms Act, 1959 and Sections 3(3), 3(5), 4(b) and 22(1) of the Prevention of Terrorism Act, 2002. Though the appellant was enlarged on bail on 28.04.2005 with certain conditions by this Court, the appellant absconded in 2009 and ultimately, her bail was cancelled by an order dated 20.01.2017 in Cr.l.M.P.No.3631/2016, followed by initiation of action under Sections 446-A and 82 Cr.P.C. The sureties were discharged after payment of penalty and when the proclamation proceedings under Section 82 Cr.P.C. were pending, the appellant surrendered on 07.12.2018 before the Special Court and was remanded in judicial custody.
3. Mr.Sankarasubbu, learned counsel for the appellant contended that the appellant is sick and bedridden and is unable to do her daily routine without the help of others. He would further contend that the appellant has been in judicial custody since 2018 and therefore, prayed for enlarging her on bail.
4. Per contra, Mr.R.Muniyapparaj, learned Additional Public Prosecutor contended that the appellant went underground from the year 2009, though she was granted bail by this Court. He further contended that despite prolonged efforts, she could not be secured and only after the proclamation proceedings under Section 82 Cr.P.C., the appellant surrendered on 07.12.2018. He therefore prayed for dismissal of the present appeal.
5. A perusal of the report dated 04.10.2021 of the Medical Officer, Prison Hospital, Special Prison for Women, Puzhal, Chennai - 600 066 shows that the appellant was admitted in Stanley Medical College Hospital, Omandurar Multispeciality Hospital and Egmore Eye Hospital as detailed hereunder :
| S.No. | Date of Admission | Date of Discharge | Reason for Referral | Diagnosis & Rx given | Discharge Advice |
| 1. | 10.12.2018 | 13.12.2018 | Sinus Bradycardia | SHT/euthyroid/old/SVT/GERD/MGE opinion & Cardiologist opinion obtained. Details enclosed | Bland Diet |
| 2. | 13.12.2018 | 15.12.2018 | Superventricular tachycardia | SVT/Hypothyroidism/SCT - AVNRT | Review in cardiology OPD Advised to attend Omandurar Multispeciality Hospital for EPS Study. Details Enclosed. |
| 3. | 20.12.2018 | 24.12.2018 | Drug induced QTC prolongation | Old SVT/Systemic hypertension/Hypothroidism Cardiologist (o), Neurologist (o) & Psychiatrist (o) obtained. Details Enclosed. |
|
| 4. | 20.12.2018 | 24.12.2018 | Cardiologist Opinion Stanley Govt. Hospital | Non Specific chest pain Troponin I- Negative CKMB - Negative |
|
| 5. | 20.12.2018 | 24.12.2018 | Neuromedicine Opinion Stanley Govt. Hospital | Non organic gait Abnormality CT Brain (N) |
|
| 6. | 20.12.2018 | 24.12.2018 | Psychiatrist Opinion Stanley Govt. Hospital | No overt Psycho | |
