Granting of interim bail based on urgency and specific conditions.

JUDGMENT

(Prayer: Criminal Original Petition filed under Section 439 of Cr.P.C., to enlarge the petitioner on interim bail for 7 days in Spl.S.C.No.20/2022 on the file of the Sessions Judge for the Exclusive for Bomb Blast and NIA Case, Poonamallee.)

S.S. Sundar, J.

1. This application is filed to enlarge the petitioner on interim bail for 7 days in Spl.S.C.No.20 of 2022 on the file of the Sessions Judge for the Exclusive for Bomb Blast and NIA Case Poonamallee.

2. The petitioner is charged by the first respondent for the offences under Section 120B, 341, 294(b), 302, 212 and 153(A) of IPC and Sections 16(1)(a), 18, 18(B), 19 and 20 of UAP Act, 1967.

3. It is stated that earlier the Thiruvidaimarudhur Police has registered a criminal case against the petitioner in Cr.No.17 of 2019 and thereafter, the investigation was transferred to the first respondent and FIR was renumbered as RC.06/2019/NIA/DLI. Subsequently, the petitioner was arrested on 09.02.2019 and he has been in judicial custody for more than 4 years. It is reported that the petitioner is now in Sub-Jail, Poonamallee.

4. The learned Senior Counsel appearing for the petitioner submitted that on account of the death of petitioner''s sister''s son, who died on 16.03.2023 due to bone cancer, the petitioner has come forward with this petition.

5. There is no serious objection to the facts revealed in the affidavit filed by the petitioner. However, the learned Additional Public Prosecutor appearing for the respondents 2 and 3 submitted that this petition could have been moved before the Sessions Court with the same prayer.

6. In reply, the learned Senior counsel appearing for the petitioner submitted that the petitioner preferred a bail petition before the Trial Court and notice was ordered without even fixing any date or time. In the said circumstances, the said petition for bail was withdrawn today and this petition is presented before this Court with the fond hope of getting justice.

7. The learned Senior Counsel has also given undertaking that the petitioner will bear the costs for arranging escorts, travelling and other incidental expenses if any, within a period of two days of petitioner returning to prison.

8. Since no serious objection or reason to deny permission on the ground of want of bona fide is given, this Court finds that the petitioner shall be released from prison on interim bail from 18.03.2023 to 19.03.2023 to attend the funeral/last rites of petitioner''s sister''s son with two escort police personnel subject to following conditions:

i) The petitioner shall be released on interim bail on 18.03.2023 at 6.00 am and he shall report before the Sub-Jail Poonamallee on 19.03.2023 at 2.00 p.m.

ii) the petitioner shall not use any cellphone/mobile during travelling, till he reaches his sister''s house.

iii) The petitioner is directed to bear all the expenses for escorts, transport and any other incidental expenses in accordance with the Rules.

9. Accordingly, this petition is ordered subject to the conditions indicated above.

10. The Registry has put up a note indicating that dismissing a bail application in a case involving offence under the Unlawful Activities (Prevention) Act 1967, can be filed by way of an appeal under Section 21 of the National Investigation Agency Act, 2008 and that the appeal would lie only before a Division Bench under Section 21(2) of the National Investigation Agency Act, 2008. Since the petition is filed by the petitioner not as an appeal but as a petition for interim bail, we doubt the applicability of Section 21 (2) of the National Investigation Agency Act, 2008.

11. Further objection raised by the Registry is that this Court cannot entertain the petition under Section 439 of Criminal Procedure Code, but may be entertained as a Writ Petition. Considering the objection raised by the Registry, this Court having regard to the urgency involved in this petitio