RAGINI Vs. STATE

JUDGEMENT

(1.) THIS is an appeal under Section 34 of the Prevention of Terrorism Act, 2002 [in short POTA], against the order dated 21.04.2014 in Cr.M.P.SR. No. 191/2014 in Spl. Case No. 1/2009 passed by the Special Court for Bomb blast Cases and POTA offences, Poonamallee, returning the bail application filed by the appellant herein on the ground that, a second bail application before the Special Court is not maintainable, as this Court had already considered the bail application of the appellant in Crl.A. No. 758/2013 and had dismissed the same on 07.01.2014.

(2.) AT the outset, we feel that the trial Court should not have returned the bail application, because it is trite law that the principles of res judicata will not apply to application for bail and any number of bail applications can be filed before the trial Court or superior Courts. On this short score alone, we can set aside the order of the trial Court and remand the matter back to the trial Court for fresh consideration on merits. We do not propose to take this course in view of the fact that, the appellant has been in detention for over one year and from the reading of Section 49(6) and (7) of POTA it appears to us that, if a person has been under detention for more than a year, the rigors imposed by the Act for grant of bail will be inapplicable. Section 49(6) and (7) of POTA reads as under:

(3.) IN the meantime, Duraisingavel and other persons were caught and after some time, they were all released on bail by this Court on earlier occasions. While so, on 14.06.2013, one Ragini, wife of Duraisingavel was arrested by the police in Dharmapuri Police Station Cr. No. 383/2013 u/s. 124(A), 353 IPC r/w 7(1)(a) of the Criminal Amendment Act. During the course of investigation in that case, it came to light that the accused Ragini is none other than Bharathi, who has been shown as absconding accused in Spl. Case No. 5/2003 [which was later split up as Spl. Case No. 1/2009 as against Bharathi [A35] as she was absconding]. The appellant, Ragini was remanded to judicial custody in Dharmapuri Police Station Cr. No. 383/2013 and was lodged in Central Prison, Salem. While she was in judicial custody, the appellant was formally arrested by the respondent police in Spl. Case No. 1/2009, by serving on her the grounds of arrest in the presence of the Superintendent of Prison and thereafter, the police obtained a Prisoner Transfer Warrant from the Special Court and produced her for being remanded to judicial custody in Spl. Case No. 1/2009. Now she is in the judicial custody on the valid orders of remands having been passed by the Special Court for POTA Cases, Poonamalee in Spl. Case No. 1/2009 [old number Spl. Case No. 5/2003]