SATHYA @ UMA @ DEIVANAI @ YASODHA Vs. THE STATE REP BY DEPUTY SUPERINTENDENT OF POLICE Q BRANCH CID, DHARMAPURI DISTRICT

JUDGEMENT

(1.) THE petitioner is an accused stands charge sheeted for the offences under Section 3(5) of POTA 120(B) IPC r/w 3(2) of POTA 148 IPC (2), 333 IPC r/w 149 IPC, 307 IPC r/w 149 IPC, 22(1)(a) r/w 22(5) of POTA, 387 IPC, 353 r/w 149 IPC. The 'Q' Branch CID of Dharmapuri found the petitioner along with 32 others belonging to a Naxalite group, a banned organisation committed various offences including the offences coming under Prevention of Terrorism Act (POTA Act) and charges were framed against 27 accused pending in CC No. 5 of 2003.

(2.) THE petitioner was released on bail on 7.5.2005 and she was attending the Court regularly. She was absent from 23.5.2008 to 18.6.2009 and petition under Sec.317 Cr.P.C was filed and allowed. However, NBW was issued on 8.7.2009 and only on 30.4.2011 she was arrested and remanded to judicial custody and the case is pending in Spl.C.C. No. 5/2003 before the Sessions Court for Trial of Bomb Blast and POTA cases, Chennai at Poonamallee.

(3.) ON notice, the respondent filed objections inter -alia stating that the petitioner was arrested after a period of three years of absconding, she has no permanent residence, she has married a person who belongs to State of Bihar. There are two other women accused who are absconding and therefore, the petitioner will also abscond and protract the proceedings.