Gopal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN 1.Gopal 2.Nainar ... Petitioners/Accused Nos.1 and 2 Vs The Inspector of Police, Thisayanvilai Police Station, Tirunelveli District.

Crime No.320 of 2014.

... Respondent/Complainant For petitioners : Mr.V.ANGUSAMY, Advocate For Respondent : Mr.B.NAMBISELVAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.320 of 2014 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners/Accused Nos.1 and 2, who were arrested for the alleged offence under Section 294(b), 506(ii) r/w Section 3 of Tamil Nadu Property Prevention of 1/3

Damage and Loss Act, 1992, in Crime No.320 of 2014, on the file of the respondent police, seeks bail.

2. This petition has been filed on the ground that the P.W.1 and P.W.2 turned hostile before the trial Court at that time of trial process. Further, the petitioners have thought that the entire case was closed, so they failed to appear before the trial Court. Thereafter, the trial Court issued Non Bailable Warrant against the petitioners on 27.10.2021. The petitioners were arrested and remanded to judicial custody on 14.08.2023.

3.The learned Additional Public Prosecutor appearing for the respondent would submit that after the period of 1 1⁄2 years, the petitioners were secured by the respondent Police and P.W.1 and P.W.2 turned hostile before the trial Court. Further, the first petitioner is having three previous cases at his credit.

4. Even though the first petitioner is having three previous cases and the petitioners were secured after the period of 1 1⁄2 years, considering the fact that P.W.1 and P.W.2 turned hostile and the period of incarceration, this Court is inclined to grant bail to the petitioners with certain conditions. 5.Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail, on executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the 2/3

satisfaction of the learned III Additional Sessions Judge, Tirunelveli, and on further condition that the petitioners shall report before the III Additional Sessions Judge, Tirunelveli, daily at 10.30 a.m. until further orders. sd/- 15/09/2023 / TRUE COPY / 15/09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU TO 1 THE III ADDITIONAL SESSIONS JUDGE, TIRUNELVELI. 2 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.

3 THE INSPECTOR OF POLICE, THISAYANVILAI POLICE STATION, TIRUNELVELI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL OP(MD) No.16784 of 2023 Date :15/09/2023 SA/SAR. /15.09.2023/3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3