SATHYA MARY Vs. STATE

JUDGEMENT

(1.) The present criminal appeal is filed against the order dtd. 5/8/2021 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 Ss. 148, 333, 307, 333 IPC read with Sec. 149 IPC, Sec. 307 IPC read with Sec. 149 IPC and Sec. 120-B IPC read with Sec. 3(2)(b) of the Prevention of Terrorism Act, 2002, Sec. 25(IB)(a) of the Arms Act, 1959 and Ss. 3(3), 3(5), 4(b) and 22(1) of the Prevention of Terrorism Act, 2002. Though the appellant was enlarged on bail on 28/4/2005 with certain conditions by this Court, the appellant absconded in 2009 and ultimately, her bail was cancelled by an order dtd. 20/1/2017 in Cr.l.M.P.No.3631/2016, followed by initiation of action under Ss. 446-A and 82 Cr.P.C. The sureties were discharged after payment of penalty and when the proclamation proceedings under Sec. 82 Cr.P.C. were pending, the appellant surrendered on 7/12/2018 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.