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Madras High CourtCRL OP/21812/2023dismissed with direction

Gopi @ Vedi Gopi v. State Rep By

2023-09-22Honourable Dr Justice G. Jayachandran3 pages

Crl.O.P.No.21812 of 2023 Dr.G.JAYACHANDRAN,J.

It is a second bail petition filed by the 4th accused, who is facing trial for the offence under Sections 294 b, 341, 120 B r/w. 302 IPC. 2.

The learned counsel appearing for the petitioner submits that, for the past 500 days the petitioner is in prison. Three co-accused has already been granted bail and his bail petition is dismissed due to bad antecedents. The learned counsel for the petitioner further submits that only six cases are against him and not 20 cases as projected by the prosecution. Since the Court witnesses already been examined by the prosecution, now posted for examination of Investigating Officer. If the petitioner released on bail, the petitioner is abide by any bail condition. 3.

The learned Government Advocate (Crl.Side) opposed that if the petitioner released on bail, his cooperation in completion of trial is very remote. In view of his antecedents, there is also possibility of dangering the life of the defacto complainant who is none other than the wife of the deceased, who had witnessed the gruesome murder and deposed against the petitioner.

4.

It is stated that the case is posted on 30.10.2023 for further examination of Investigating Officer. This Court is unable to understand why the Sessions Case been adjourned by such a long date ignoring the mandate of Section 309 Cr.P.C. Taking note of the above fact, the bail petition is dismissed with a direction to the respondent police to file advance hearing petition and directed to produce the witnesses to complete the trial at the earliest. On such application, the trial Court is directed to advance the hearing and the same may be entertained and to complete the trial by 03.11.2023.

22.09.2023 rpl Note: Issue Today

Dr.G.JAYACHANDRAN,J.

rpl Crl.O.P.No.21812 of 2023 22.09.2023