[Cites 10, Cited by 0]
Madras High Court
Gogul @ Gogulakrishnan vs The State Of Tamilnadu on 9 March, 2026
Author: B.Pugalendhi
Bench: B.Pugalendhi
Crl.A(MD)No.1357 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :09.03.2026
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
Crl.A(MD)No.1357 of 2025
Gogul @ Gogulakrishnan ... Appellant
Vs
1.The State of Tamilnadu,
Rep by the Deputy Superintendent of Police,
Office of the Deputy Superintendent of Police,
Senapiratti Sub Division,
Karur District.
2.The Inspector of Police,
Karur Town Police Station,
Karur.
Crime No.1031 of 2020.
3.Sasmitha ... Respondents
PRAYER: Appeal filed under Section 14-A(2) of Schedule Caste and
Schedule Tribes (Prevention of Atrocities) Amendment Act, 2015, to
call for records pertaining to the order passed in Crl.MP.No.1116 of
2025 in S.C.No.17 of 2021 on the file of the District and Sessions
1/7
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Crl.A(MD)No.1357 of 2025
Judge, Karur, vide order, dated 08.07.2025 and set aside the same and
enlarge the appellant on bail in Crime No.1031 of 2020, pending on
the file of the second respondent police.
For Appellant : Mr.Vivek
For R1 & R2 : Mr.A.S.Abul Kalaam Azad
Government Advocate (Crl.side)
For R3 : Mr.B.Janarth Kumar
Legal Aid Counsel
JUDGMENT
The appellant is facing trial before the District and Sessions
Judge, Karur, for the offences under Sections 114, 109, 212, 294(b),
506(ii), 302, 120(b) IPC r/w 25(1)(b) of Arms Act & Sections 3(1)(r),
3(1)(s), 3(2)(va) of SC/ST (POA) Amendment Act, based on the
complaint given by the third respondent herein that due to previous
enmity, the appellant along with the other accused has attacked the
third respondent's husband with sickle and caused grievous injuries.
The appellant has failed to appear before the trial Court and therefore,
a Non-bailable warrant of arrest was issued as against him. Thereafter,
he was secured and remanded to judicial custody on 12.02.2023 and
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since then, he is in jail. The bail application moved by the appellant
before the District and Sessions Court, Karur was dismissed, vide
order, dated 08.07.2025 in Crl.MP.No.1116 of 2025, considering the
conduct of this appellant in evading the trial and the stage of the trial.
Therefore, the appellant is before this Court with this Criminal Appeal.
2.The learned counsel appearing for the appellant submits
that the appellant is in judicial custody for more than 1090 days. He
further submits the co-accused have been released on bail by the trial
Court and the case in SC.No.17 of 2021 is at the stage of arguments.
Therefore, the appellant may be enlarged on bail.
3.The learned Government Advocate (Crl.side) appearing for
the respondent police submits that the case is at the stage of arguments
and in the event, if this appellant is released on bail, there may be
chances for absconding.
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4.This Court considered the rival submissions made and also
perused the materials placed on record.
5.When this Criminal Appeal is taken up for hearing on
02.03.2026, it was reported that the case in SC.No.17 of 2021 is posted
for arguments and therefore, this Court adjourned the appeal today, in
order to ascertain as to whether the arguments is completed or not. It
appears that the case is still at the stage of arguments. Admittedly, this
appellant was released on bail pending trial and subsequently, he was
arrested pursuant to his absence. He is in jail for the past three years.
The trial in SC.No.17 of 2021 is completed and the case is at the stage
of arguments.
6.Considering the period of incarceration and the stage of the
case, this Court is inclined to allow this Criminal Appeal and
accordingly, this Criminal Appeal is allowed. The order passed by the
learned Judge, District and Sessions Court, Karur in Crl.MP.No.1116
of 2025 in S.C.No.17 of 2021, dated 08.07.2025 is hereby set aside.
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The appellant is ordered to be released on bail on the following
conditions:-
i) The appellant shall execute a bond for a sum
of Rs.50,000/-(Rupees Fifty Thousand) with two
sureties each for a like sum to the satisfaction of the
learned Judge, District and Sessions Court, Karur. The
sureties must be respectable persons in the Society.
ii) The sureties shall file an affidavit of
undertaking before the trial Court ensuring the
availability of the appellant for the trial.
iii) The appellant and the sureties shall submit
a copy of their Aadhaar Card or any other identity card
issued by the Government in proof of their residence
address;
iv)The appellant shall appear before the trial
Court daily at 10.30 a.m, until further orders.
v) The appellant shall not misuse the liberty
granted to him by indulging in any further offence and
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shall not tamper with the prosecution witnesses. The
appellant shall co-operate for the trial.
vi) On violation of any of the above conditions
by the appellant, the respondent police shall move an
application for cancellation of the bail.
09.03.2026
NCC : Yes / No.
Index : Yes / No.
Internet : Yes / No.
vrn
To
1.The Sessions Judge, District and Sessions Court, Karur.
2.The Deputy Superintendent of Police,
Office of the Deputy Superintendent of Police,
Senapiratti Sub Division,
Karur District.
3.The Inspector of Police,
Karur Town Police Station,
Karur.
4.The Superintendent,
Central Prison,
Trichy.
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B.PUGALENDHI, J.,
vrn
Judgment made in
09.03.2026
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