MADURAI GANESAN ALAGUSUNDRAM GANESAMOORTHY VEERA ILAVARASAN BOOMINATHAN P S MANIAM SIVANTHIAPPAN NAGARAJAN Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) Liberty is the product, not of institutions, but of a temper, of an attitude towards life. It is idle to look to laws, or Courts, or principalities, or power, to secure it. says Judge Hand while writing on Sources of Tolerance in his "Spirit of Liberty".

(2.) The operational zone of custodial law pending trial into the charges framed against the appellants/accused under the provisions of the Prevention of Terrorism Act, 2002 (for brevity "the POTA"), the refusal of bail to them, the resultant consequences and their entitlement to bail are, in brief, the issues raised for our consideration in this appeal.

(3.) This Criminal Appeal is directed against the order dated 10.09.2 003 in Crl.M.P.No.68 of 2003 in Spl.C.C.No.1 of 2003 on the file of Special Court, Poonamallee, Chennai - 56 (Specially constituted under the Prevention of Terrorism Act) refusing to grant bail to the appellants herein.