Justice K C Bhanu pronounced the order on Wednesday while dealing with a bail petition filed by Katika Ramesh, alleged to be a member of the outlawed People's War group of the Communist Party of India, Marxist-Leninist.
Ramesh was arrested by the Kanaganapalli police in Anantapur district on July 8, 2002, under sections 3(5) and 4(b) of POTA for possessing claymore mines in the Narasimhapally forest area.
The petitioner contended that though the statutory period of 180 days under POTA had lapsed, the police had not filed a charge sheet and hence he was entitled for bail.
The judge observed that remand under section 167 of the Criminal Procedure Code can be extended to 90 days and if the charge sheet is not filed within 90 days the accused is entitled to bail.
Under POTA, remand can be extended for a further period of 90 days at the request of the public prosecutor, provided the court is satisfied that the remand is to be extended for the purpose of investigation.
"However, if the charge sheet is not filed within 180 days, the accused will be entitled for bail," the judge said.
Justice Bhanu further held that other provisions relating to bail under POTA become applicable if the charge sheet is not filed within the time frame stipulated under section 167 of the CrPC.
The judge also observed that POTA requires the prosecution to file an application by the nintieth day explaining the reason for its failure to file charges. But in any event, the prosecution has to file charges within 180 days. Failure to do so entitles the detainee to bail as a matter of course, the judge ruled, and ordered Ramesh's
release on a bond for Rs 10,000 with two sureties for similar sums. The accused has been directed to report to Kanaganapalli police station once a day.
