PALANIVEL Vs. STATE

JUDGEMENT

(1.) This Criminal Original petition has been filed challenging the order passed by the Court below cancelling the bail granted in favour of the petitioner.

(2.) This is a text book case of how the trial Courts are being hoodwinked and proceedings are virtually frustrated and stalled by a devious and wily practice adopted by accused persons, where multiple accused persons are involved in a single case and each of them keeps absconding in turns and thereby blunt and make the proceedings ineffective.

(3.) An FIR came to be registered in Crime No.538 of 2003 for a major offence under Section 302 of IPC, which consisted of nearly 23 accused persons and petitioner was ranked as A4. The investigation was completed and final report was filed and the case was taken on file in SC No.34 of 2005 by the 1st Additional Sessions Judge, Salem. Immediately after the FIR was registered, the petitioner herein surrendered before the Judicial Magistrate No.4, Salem on 25.08.2003 and he was remanded to judicial custody. Later, the petitioner filed the petition in Crl.O.P.No.44625 of 2003 seeking for bail before this Court and this Court by an order dated 06.01.2004 enlarged the petitioner on bail by imposing certain conditions.