R R GOPAL ALIAS NAKKEERAN GOPAL Vs. STATE

JUDGEMENT

(1.) This is an appeal preferred under Section 34(4) of the Prevention Of Terrorism Act, 2002 and Section 439 of the Code of Criminal Procedure as against the order refusing to grant bail to the appellant under Section 49(7) of the said Act and to release the appellant on bail in Crime No.1 of 2003 on the file of the Deputy Superintendent of Police, CB CID Head Quarters, Chennai-1.

(2.) The appellant/petitioner is said to have been arrested in Crime No.414 of 2001 of Sathymangalam Police Station on 11.4.2003. Based on the alleged search and recovery of arms found in his possession, a case was registered against him in Crime No.1 of 2003 on the file of the Inspector of Police, CB CID Head Quarters for an offence under Section 25(1B)(a) of the Arms Act, 1959 and Section 124(A) of the Indian Penal Code. Thereafter, on 16.4.2003, the provisions of Section 4(a) of POTA were invoked and the crime was altered into one under the Prevention Of Terrorism Act in Crime No.1 of 2003 on the file of the respondent. The petitioner is on remand.

(3.) Petitioner filed Criminal Miscellaneous Petition No.52 of 2003 in F.I.R. (POTA) No.5 of 2003 before the Special Court constituted under the Prevention of Terrorism Act, 2002, Poonamallee under Section 49 of the said Act for an order of bail. The learned Judge, by his order dated 4.8.2003, dismissed the application and the present appeal is against this order and for an order to release him on bail.