SATHYAMARTY @ PADMA Vs. STATE REPRESENTED BY

JUDGEMENT

(1.) The appellant is arrayed as accused in Spl.C.C.No.1 of 2013 on the file of the Special Court Under the Prevention of Terrorism Act (POTA), 2002, Poonamallee, Chennai for the offences under Sections 148, 333, 307, 333 r/w 149 of IPC, 307 IPC r/w 149 IPC and Section 120(b) IPC r/w 3(2)(b) of the Prevention of Terrorism Act, 2002 Section 25(1b) (a) of the Arms Act 1959 and Section 3(3), 3(5), 4(b), 22(1) of the Prevention of Terrorism Act, 2002. The charges were framed against 27 accused on 23.11.2004 in C.C.No.5 of 2013 the parent case and some of the accused absconded. The copies of the charge sheet were given to the accused on 14.07.2003. The Court below issued a Non bailable warrant against the absconded accused and some were secured later. In this case, the appellant was arrested on 24.11.2002. Two PVC Pipe Bombs with match box were recovered from her possession.

(2.) The appellant filed a bail application in Crl.M.P.No.103 of 2003 before the POTA Court, Chennai and the same was dismissed. Subsequently, the appellant along with five other women accused filed another bail application before this court in Crl.A.No.335 of 2004 and this Court by an order dated 28.04.2005 had granted bail to them. When this Court released them on bail, imposed certain conditions on the appellant which is extracted here under:-

(3.) Thereafter, this Court had modified the above said conditions in Crl.M.P.No.4170 to 4172 of 2006 dated 06.09.2006 filed by the appellant and other accused and directed them to appear before the trial Court on all hearing dates. But, the appellant was absent from 23.12.2009 has not complied the conditions and she went underground and continued her activities of the banned CPI (Maoist) organization. Therefore, the trial court issued a Non Bailable Warrant against the appellant on 13.07.2012.