Gokula Krishnan @ Gokul vs The State Represented By
2023 Latest Caselaw 4746 Mad

                                                                         Crl. A.(MD)No.252 of 2023



                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATE : 25.04.2023

                                                   CORAM

                          THE HONOURABLE MR. JUSTICE K.MURALI SHANKAR

                                        Crl. A.(MD)No.252 of 2023



                1.Gokula Krishnan @ Gokul

                2.Manikandan                                 ... Appellants/Petitioners/
                                                                  Accused Nos.1 & 4


                                                    Vs.


                1.The State represented by
                  The Deputy Superintendent of Police,
                  Karur Town Sub Division,
                  Karur Town Police Station,
                  Karur District.
                  (Crime No.1031 of 2020)        .

                2.The Inspector of Police,
                  Karur Town Police Station,
                  Karur District.
                  (Crime No.1031 of 2020)

                3.Sashmitha                                 ... Respondents 1 to 3/
                                                                Respondents & Complainants/
                                                                Complainants



                1/6
https://www.mhc.tn.gov.in/judis
                                                                                Crl. A.(MD)No.252 of 2023

                Prayer : This Criminal Appeal is filed under Section 14A(2) of the Scheduled
                Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act,
                2015, to call for the entire records relating to the order dated 21.03.2023
                passed in Crl.M.P.No.455 of 2023 in S.C.No.17 of 2021 in Crime No.1031 of
                2020 on the file of the learned Principal Sessions Judge, Karur and set aside
                the same as arbitrary and consequently to release the petitioner on bail in
                connection with the S.C.No.17 of 2021 in Crime No.1031 of 2020 on the file
                of the learned Principal Sessions Judge, Karur.




                                  For Appellants     : M/s.P.Krishnaveni

                                  For R1 & R2        : Mr.R.Sivakumar
                                                       Government Advocate (Crl. Side)

                                  For R3             : Mr.R.Maheswaran
                                                       Legal Aid Counsel



                                                        JUDGMENT

This Criminal Appeal is directed against the order passed by the

learned Principal District and Sessions Judge, Karur, in Crl.M.P.No.455 of

2023 in S.C.No.17 of 2021 dated 21.03.2023, dismissing the bail petition.

2. The petitioners are facing trial for the offences under Sections

302, 120B, 506(2) and 294(b) IPC.

https://www.mhc.tn.gov.in/judis Crl. A.(MD)No.252 of 2023

3. The learned Principal District and Sessions Judge, by observing

that on 06.08.2022, the trial Court has specifically directed all the accused to

appear on 23.08.2022, that since the accused 2, 4 and 6 were absent,

Non-Bailable Warrant was ordered to be issued against them, that

subsequently, the accused 2, 4 and 6 had already surrendered before the Court

and warrants came to be recalled, that again when the case stood posted on

21.09.2022, the accused 1, 2, 4 and 12 remained absent and again

Non-Bailable Warrant was ordered to be issued and the trial process was

hampered, that subsequently, the prosecution has arrested the petitioners on

12.02.2023 and on their production, they have been remanded to judicial

custody, that the accused 2 and 3 are still absconding and hence, the case was

ordered to be split up against the accused 2 and 3 in S.C.No.5 of 2023 and that

the trial Court has framed the charges on 20.02.2023 and the case was posted

for fixing the trial date and taking note of the objections of the learned Special

Public Prosecutor that there was every possibility for abscondance, has

dismissed the bail petition.

4. Considering the nature and gravity of the offence alleged and also

the fact that Non-Bailable Warrant was ordered to be issued against the

petitioners for the third time and also taking note of the observation of the trial

https://www.mhc.tn.gov.in/judis Crl. A.(MD)No.252 of 2023

Court that the accused by absconding themselves one by one has been

protracting the case, this Court is not inclined to grant bail to the petitioners at

this point of time. However, considering the facts that the petitioners are in

custody from 12.02.2023 and that the trial Court has already split up the case

with respect to the absconding accused, the trial Court is directed to complete

the trial and dispose of the case as expeditiously as possible, preferably, within

a period of three months from the date of receipt of a copy of this judgment.

5. With the above direction, this Criminal Appeal is disposed of.

                                                                                     25.04.2023
                NCC      : Yes/No
                Index    : Yes/No
                Internet : Yes/No
                csm





https://www.mhc.tn.gov.in/judis
                                                               Crl. A.(MD)No.252 of 2023




                To

1.The Principal District and Sessions Judge, Karur.

2.The Deputy Superintendent of Police, Karur Town Sub Division, Karur Town Police Station, Karur District.

3.The Inspector of Police, Karur Town Police Station, Karur District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis Crl. A.(MD)No.252 of 2023

K.MURALI SHANKAR, J.

csm

Crl.A.(MD)No.252 of 2023

Dated : 25.04.2023

https://www.mhc.tn.gov.in/judis