Chennai, Sep 3 (PTI): A division bench of the Madras High Court has granted conditional bail to a woman, who was once termed as a Maoist, but now claiming that she is reformed.
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The bench of Justices S Vaidyanathan and A D Jagadish Chandira granted the relief to Reena Joyce Mary, while allowing her criminal appeal, on Friday.
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"Taking into consideration the allegations against the appellant and the period of incarceration after re-arrest from 2016 and the delay in the trial and also the undertaking given by the appellant (Joyce Mary) to file a sworn affidavit to reaffirm her allegiance to Indian Constitution and giving up her faith and belief in the ideology of Maoism, we are of the opinion that the appeal may be allowed and the appellant may be granted bail subject to imposition of certain stringent conditions," the bench said.
It accordingly granted the relief, after setting aside an order dated October 31, 2009 of the Special Court constituted under the Prevention of Terrorism Act (POTA) (Sessions Court for Exclusive Trial of Bomb Blast Cases) in Poonamallee here, refusing bail.
The appellant shall file a sworn affidavit affixing her signature and thumb impression before the trial judge stating she owes faith and allegiance to the Constitution of India and that she does not believe in Maoism, violence as an ideology and that she would do nothing to subvert the Constitution.
On the appellant filing such an affidavit before the Special Court, she shall be enlarged on bail on her satisfying the conditions, which included that she should execute a bond for Rs 25,000 with two sureties each for a like sum to the satisfaction of the Special Court. One such surety shall be a government employee. She should report before the Special Court on all hearing dates and before the 'Q' Branch Police here every Sunday until completion of the trial, the bench said.
According to the prosecution, Joyce Mary was a member of Maoist group and a potential threat to society. She was given bail earlier, but violated the bail conditions and absconded for about nine years. Therefore, she does not deserve any sympathy.
But, appellant's counsel Sankara Subbu submitted that the appellant was a woman fighting for the cause of the poor and the downtrodden and neglected people. She had been victimised and had been in long incarceration without any progress in the trial. Further, she had renounced her faith in Maoist ideology and that the averments against her are not serious and that she falls within category 'C' of prisoners as classified by the Apex Court.
Subsequent to the arrest in July 2016, she was in confinement for about six years, without any progress in the trial and she was entitled for bail. He also stated that the appellant had now reformed and owed faith and allegiance to the Constitution and she does not believe any more in Maoism and violence and she is also ready to swear an affidavit to this effect.
(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)













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