Title: B.Mubeena v. The State and others
Decided on: 18th October 2023
WMP.No.30083/2023 in WP.No.30464/2023
Coram: THE HONOURABLE MR. JUSTICE S.S. SUNDAR & MR. JUSTICE SUNDER MOHAN
Introduction
The Madras high court recently addressed Writ Miscellaneous Petition filed under Article 226 of the Constitution of India and directed the respondents to release S.A.Basha who was detained at Central Prison Coimbatore, on interim bail until the disposal of the writ petition.
Facts of the Case
A Writ Miscellaneous Petition was filed by the daughter of the detenu S.A.Basha S/o.Abdul Rahman, seeking interim bail to the detenu, until the disposal of the writ petition. SA Basha was the founder of the banned terrorist organization Al-Ummah and one of the convicts in the 1998 Coimbatore Blasts case. The detenu is now bedridden and taking treatment in Coimbatore Medical College Hospital. The petitioner has prayed for premature release of her father, while a request for premature release is pending before the Governor.
Court Analysis and Decision
In consideration of facts the Court has granted interim bail to the detenu, S.A.Basha S/o.Abdul Rahman, subject to 2 conditions. Firstly S.A.Basha who is confined at Central Prison Coimbatore and taking treatment in Coimbatore Medical College Hospital will be released as an interim measure for a period of three months subject to his execution of personal bond of value of Rs.25,000/- to the satisfaction of the Trial Court. Secondly, since the Prison inmate is taking treatment for his illness, the reporting of the detenu before the Local Police Station was dispensed. The State authorities were directed to submit a report about the conduct of the prison inmate before the expiry of three months period. Prison inmate is not allowed to leave the State of Tamil Nadu without informing the local Police Station in writing at least three days in advance and he must keep them posted about his whereabouts.
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Written by- K R Bhuvanashri
