Gobinath v. State Rep.By

and Crl.M.P.No.17891 of 2023 C.V.KARTHIKEYAN,J.

The petitioners/A4 & 5 have filed Crl.O.P.No.24504 of 2023 and petitioner/A6 has filed Crl.O.P.No.26074 of 2023, both in Crime No.1186 of 2023, registered by the respondent police for the offences punishable under Sections 147, 148, 341, 342, 363, 365, 366, 506(ii) & 120(b) of IPC.

2.The defacto complainant entered appearance through a counsel and had raised strong objection for grant of bail to these petitioners.

3.The defacto complainant was originally doing rice business along with A2. Thereafter, he shifted his interest to garment business. The rice was procured from A1.

4.It is stated that A1 informed the defacto complainant that he was due and liable to pay a sum of Rs.25,00,000/- but he denied it. It is stated that all these accused had taken him at knife point to Ulundurpet

and later to Tiruppur and then, it was informed to the police and they had arrested the accused persons.

5.Significantly, A1, A2 and A3, who are the prime accused and on whose instigations these accused had committed the offence, are still absconding. They were absconding right from the date of registration of FIR. A1 is doing business, A2 is doing business and A3 is also the local resident. I am not able to understand why the Investigating Officer had not taken A1, A2 and A3 into custody. It is only because of that fact that the bail is denied to these petitioners herein. 6.The learned counsel for the defacto complainant/intervenor stated that there is always a threat to not only the defacto complainant but also to the son of the defacto complainant and that unless A1, A2 and A3 are secured they would not live with confidence.

7.In view of that particular fact, these petitioners will have to suffer an order of dismissal once again. It is stated that if at all again an application is filed and again it is noted that A1, A2 and A3 have not been taken into custody, the presence of the Investigating Officer would be called for. At this stage, I am not inclined to grant bail to the petitioners. Accordingly, these Criminal Original Petitions stand dismissed. The connected Intervening Petition is allowed. 16.11.2023 ata C.V.KARTHIKEYAN,J.

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16.11.2023