Gopinath v. The State By Its Station House Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.01.2025

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Gopinath ... Petitioner Vs.

State by its Station House Officer Annamalai Nagar Police Station Cuddalore District (Crime No.272 of 2010) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in S.C.No.178 of 2024, pending on the file of the II Additional District and Sessions Judge, Chidambaram, Cuddalore District.

For Petitioner :

Mr.K.G.Senthil Kumar For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

Petition seeking bail in respect of Crime No.272 of 2010 registered for the offences punishable under Sections 147, 364, 302, 120(b), 201 r/w.34 of IPC 1/6

is on board for consideration.

2.The incarceration of the petitioner being from 08.09.2024 pleading innocence on the part of the petitioner and false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. He also submits that the petitioner was earlier granted bail and subsequently condition was also relaxed, however, the petitioner was not served with summons. In the meanwhile, the petitioner got employment abroad and he went abroad. Later he came to know that the respondent filed charge sheet in this case. He further submits that the case was split up and some of the accused acquitted in SC.No.274 of 2014. He also submits that the respondent has filed an absconding split up charge sheet in PRC.No.24 of 2014 against the petitioner.

He further submits that the trial Court has issued a Non Bailable Warrant of arrest against him on 10.10.2014 and pursuant to the same, he was formally arrested on 08.09.2024. He further submits that the petitioner has to engage an advocate to contest the case. He further undertakes that the petitioner will appear before the trial Court on all hearing dates without fail and he will co-operate for speedy disposal of the case. Hence, he prayed for grant of bail to the petitioner. 3.

the petitioner has been committed in S.C. No.274 of 2014 pending on the file of Assistant Sessions cum Sub Court, Chidambaram. He would also state that as the petitioner failed to appear before the trial court on 10.10.2014, as a result of which, the trial Judge issued a Non-Bailable Warrant for his arrest, which was executed on 08.09.2024. He further submits that with significant effort, the respondent was able to secure the petitioner on 08.09.2024. He further submits that there are totally six witnesses in the case, before the trial Court. He further submits that if the petitioner is granted bail, there is a high risk that he may abscond again and become unavailable for trial proceedings. 4.

Having heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record and considering the period of incarceration undergone by the petitioner, this court is inclined to grant bail to the petitioner with certain conditions and accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.

[a] the sureties shall affix their photographs and Left 3/6

Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner shall report before the learned II Additional District and Sessions Judge, Chidambaram, Cuddalore District, on all working days at 10.30 am., until further orders;

[c] the petitioner, after coming out on bail, shall file an Affidavit of Undertaking to the effect that he will cooperate for speedy disposal of the trial; [d] the petitioner shall not abscond either during investigation or trial;

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial; [f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 4/6

23.01.2025 sai 5/6

A.D.JAGADISH CHANDIRA, J.

sai To 1.The II Additional District and Sessions Judge, Chidambaram, Cuddalore District 2.The Inspector of Police, Station House Officer Annamalai Nagar Police Station Cuddalore District 3.The Superintendent, Central Prison, Cuddalore 4.The Public Prosecutor, High Court of Madras.

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