J U D G M E N T

P.N.PRAKASH, J.

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 :