R. Gopal v. State Rep By, Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.12.2025

CORAM

THE HON'BLE MR. JUSTICE P.DHANABAL R.Gopal ... Petitioner/A4 Vs.

The State represented by its Inspector of Police, Namakkal Police Station, Namakkal District.

(Crime No.1681 of 2021).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, 2023 to enlarge the petitioner/Accused No.4 on bail in connection with Crime No.1681 of 2021 pending in PRC No.22 of 2023 on the file of the learned Judicial Magistrate, Namakkal.

For Petitioner : Ms.P.Neelavathi For Respondent : Mr.S.Vinoth Kumar Government Advocate (Crl.Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 09.12.2025 for the alleged offences punishable under Sections 294(b), 324, 307 and 506(ii) of I.P.C. @ 307, 506(ii), 34 and 114 of I.P.C. in Crime No.1681 of 2021, on the file of the respondent police, seeks bail. 1/6

2. The case of the prosecution is that on the date of occurrence due to long standing family and property disputes between the de facto complainant and other accused persons, the petitioner along with other accused abused the de facto complainant and his family members with filthy language and attacked them with deadly weapons, thereby the de facto complainant and his family members sustained injuries. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that that the petitioner has been suffering incarceration from 09.12.2025 on execution of a Non-Bailable Warrant dated 28.12.2023. He further submitted that the petitioner had gone abroad for employment much prior to the filing of the charge sheet. Hence, the allegation that the petitioner was absconding is incorrect. Further the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed to grant bail to the petitioner. `4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that after 2/6

registration of the case the petitioner went to London, hence absconding charge sheet filed and Look Out Circular issued against him and the petitioner was secured on 09.12.2025. He further submitted that in this case already investigation completed and the case is posted before the trial Court after committal. He further submitted that there is no previous case pending against the petitioner. However, he opposed to grant bail to the petitioner. `

5. Heard both sides and perused the materials available on record including the First Information Report.

6. Considering the nature of offence and the period of incarceration undergone by the petitioner and the fact that already investigation completed and the case is now posted before the trial Court after committal and also considering the fact that petitioner has no previous case, this Court is inclined to grant bail to the petitioner, subject to certain conditions. [a] Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate, Namakkal, and on further conditions that:- 3/6

[b] the petitioner shall report before the Trial Court on all working days at 10.30.a.m., until further orders;

[c] the petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;

[d] the petitioner shall not abscond either during investigation or trial; [e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[f] On breach of any of the aforesaid conditions, the learned Judicial 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 BNS.

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Note:

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies.

To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

To 1.The Judicial Magistrate, Namakkal.

2.The Inspector of Police, Namakkal Police Station, Namakkal District.

3.The Superintendent, Central Prison, Salem.

4.The Public Prosecutor, High Court of Madras.

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P.DHANABAL, J.

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