SATHIYA MARY @ PADMA Vs. STATE

JUDGEMENT

(1.) The Criminal Appeal has been directed as against the Judgement and order in Crl.M.P.No.29 of 2020 dated 28.10.2020 on the file of the Special Court under the Prevention of Terrorism Act (POTA), 2002 (Sessions Court for Exclusive Trial of Bomb Blast Cases) at Poonamallee, Chennai, (for short "The Special Court") and to enlarge the appellant on bail, pending trial in C.C.No.5 of 2003 on the file of the Special Court.

(2.) The appellant, who was arrayed as an accused in C.C.No.5 of 2013 before the Special Court, for the offences punishable under Sections 148, 333, 307, 333 r/w 149 of IPC, 307 r/w 149 of IPC and Section 120-B of IPC r/w 3(2)(b) of the Prevention of Terrorism Act, 2002, (for short "The POTA") Section 25(1B) of Arms Act 1959 and Section 3(3), 3(5), 4(b), 22(1) of the Prevention of Terrorism Act, was arrested on 24.11.2002.

(3.) The learned counsel for the appellant would submit that the appellant is a woman, aged about 47 years and suffering from heart disease; further, she has been in jail for more than 5 years and this alone is sufficient to grant bail to her; no serious charges were levelled against the appellant; however, the Q Branch CID Coimbatore, police arrested the appellant on 24.11.2002, at Onnakarai forest area of Dharmapuri District; the trial Court without considering the health issues of the appellant and also without humanitarian consideration, mechanically dismissed the bail petition and hence, the order of the trial Court has to be set aside.