Bj.Gogoi v. The State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-06-2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR Bj.Gogoi Petitioner(s) Vs The State Rep. by the Inspector of Police, Arakkonam Town Police Station, Ranipet District. Cr.No.525 of 1994 Respondent(s) PRAYER This Criminal Original Petition is filed under Section 483 of BNSS Act 2023 to enlarge the petitioner on bail in Crime. No.525 of 1994 on the file of Arakkonam town police station, Ranipet District. For Petitioner(s):

M/s.K.Siva For Respondent(s):

M/s.A. Gokulakrishnan APP

ORDER

The petitioner, who was arrested and remanded to judicial custody on 18.04.2025, for the offence punishable under Sections 174 crpc altered to 302 r/w 120B of IPC in connection with Crime No.525 of 1994, seeks bail.

2. The case of the prosecution is that the petitioner (A2) conspired with A1 to murder Jayashree, A1's wife. Since, A1 unhappy with his wife conduct, who informed A2, to eliminate her. A2 agreed and received money to eliminate

Jayashree. The murder occurred in the year 1994. Investigation revealed conspiracy between A1 and A2. On conclusion of investigation, Charge Sheet filed. The petitioner(A2) absconded, hence A1 was convicted and sentenced to life imprisonment and later he died in prison. The petitioner absconded for over 21 years and recently secured by the police. Hence, the bail.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person, falsely implicated in this case. After completing his service in the Navy, the petitioner resides with his family in Assam, not aware of the case registered against him. The learned counsel further submitted that the petitioner is suffering incarceration from 18.04.2025 and he is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police would submit that there were two accused in this case and the petitioner is A2, and he hails from state of Assam, the case is of the year 1994, petitioner/A2 absconded for a long period and now only he could be found and he was arrested, produced for remand and now he is remanded to judicial custody and if the petitioner is released on bail, he will not appear before the Court participate in Trial and every possibility that he will abscond. The learned Government Advocate (Crl.Side) would further submit that there

are only limited witnesses in this case, and hence, the Trial itself can be completed within short period. Hence, opposed to grant bail to the petitioner and prayed to dismiss the bail petition.

5. Heard both sides and perused the records.

6. Considering the overtact levelled against the petitioner and the petitioner's conduct and for the reason the case is of the year 1994, this Court is not inclined to grant the relief sought for by the petitioner.

7. Accordingly, this Criminal Original Petition stands dismissed. The petitioner is hereby directed to cooperate for the Trial. 25-06-2025 jai To 1.The Inspector of Police, ranipet district.

2. The Judicial Magistrate No.1, Arakkonam, Ranipet District.

3. The Central Prison, Vellore.

4. The Public Prosecutor, High Court of Madras.

M.NIRMAL KUMAR J.

jai CRL OP No. 18169 of 25-06-2025