Ramesh Alias Kadiyam Ramesh v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.07.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Ramesh @ Kadiyam Ramesh ... Petitioner/ Accused No.1 Vs.

State rep. by The Inspector of police, NIB CID, Police Station, Coimbatore, Crime No.113 of 2016 ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner/Accused on bail in Crime No.113 of 2016 on the file of the respondent police. For Petitioner :

Mr.A.Arul Alex For Respondent :

Mr.R.Vinothraja Government Advocate (Crl. Side).

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 12.03.2025, for the offence punishable under Sections 8(c) r/w 20(b) (ii) © of NDPS Act, 1985 in Crime No.113 of 2016 on the file of the respondent. 1/4

2. The case of the prosecution is that the petitioner was arrested on 12.03.2025 based on the NBW issued on 07.09.2022 for the offence under NDPS Act. Hence, the case.

The learned counsel for the petitioner is that there were four accused in the original case in C.C.No.5 of 2017, in which the petitioner was arrayed as A2, for non appearance of the petitioner, NBW was issued against him and the said case ended in acquittal. Due to COVID-19 pandemic, the petitioner was unable to contact his counsel to proceed further with the trial held in trial Court and the petitioner had no knowledge of the ongoing court proceedings. In the meantime the Court issued a NBW against the petitioner, pursuant to which the respondent police arrested the petitioner and produced him before the Court. The petitioner has been in judicial custody for more than three months. Subsequently, the case was split up in C.C.No.74 of 2022. Though the petitioner is ready to proceed with the trial, the Trial Court is not proceeding further. Accordingly, he prayed to grant bail to the petitioner.

3. The learned Government Advocate (Crl. Side) strongly opposed for grant of bail to the petitioner stating that the original case was split up by this Court in 2/4

CC.No.74 of 2022. The petitioner could not give any reason for his absconding. If the petitioner is released on bail, it will cause hindrance for the investigation of the case and strongly opposed to release the accused on bail.

4. Considering the fact that the case is pending from the year 2017 and there is no progress in the trial due to absence of the petitioner, this Court is not inclined to grant bail to the petitioner. The trial Court is directed to consider the petitioner's incarceration and complete the trial as expeditiously as possible without any delay.

5. Accordingly, this Criminal Original Petition is dismissed. 10.07.2025 rap To 1.The Inspector of police, NIB CID, Police Station, Coimbatore, Crime No.113 of 2016

2. The Public Prosecutor, High Court of Madras.

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M.NIRMAL KUMAR, J.

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