IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 20.12.2021

PRONOUNCED ON : 03.02.2022

CORAM

THE HONOURABLE Mr. JUSTICE P.N.PRAKASH

AND

THE HONOURABLE Mrs. JUSTICE R.HEMALATHA

Crl.A.No.417 of 2021

Sathya Mary @ Padma

... Appellant/Petitioner

Accused

Vs.

State represented by

Deputy Superintendent of Police

"Q" Branch CID, Dharmapuri,

Uthangarai Police Station. ... Respondent/Respondent /

Complainant

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.

For Appellant

: Mr. R.Sanakarasubbu

For Respondent : Mr.R.Muniyapparaj

Additional Public Prosecutor.

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

https://hcservices.ecourts.gov.in/hcservices/

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

Admissio

n

Date of

Dischar

ge

Reason for

Referral

Diagnosis & Rx

given

Discharge

Advice

1.

10.12.20

18

13.12.2

018

Sinus

Bradycardi

a

SHT / euthyroid

/ old / SVT /

GERD / MGE

opinion &

Cardiologist

opinion

obtained.

Details

enclosed

Bland Diet

https://hcservices.ecourts.gov.in/hcservices/

S.

No.

Date of

Admissio

n

Date of

Dischar

ge

Reason for

Referral

Diagnosis & Rx

given

Discharge

Advice

2.

13.12.20

18

15.12.2

018

Superventr

icular

tachycardi

a

SVT /

Hypothyroidism

/ SCT - AVNRT

Review

in

cardiology

OPD

Advised to

attend