Abdul Kathar @ Kathar Bacha v. State Rep By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.07.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Abdul Kathar @ Kathar Bacha ... Petitioner Vs.

State Rep. by:

The Inspector of Police, D1-Triplicane Police Station, Chennai.

Crime No. 685 of 2015.

... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioner on bail in Crime No.685 of 2015 pending investigation on the file of the respondent. For Petitioner :

Mr.D.Baskaran 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 20.01.2025, for the offences punishable under Sections 147, 148, 341, 302, and 506(ii) of the IPC, in connection with Crime No. 685 of 2015 registered on the file of the respondent police, seeks bail.

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2. The contention of the petitioner is that he was arrested on the strength of a Non-Bailable Warrant (NBW) on 19.01.2025 and has been in custody for almost six months. The petitioner submits that he is willing to participate in the trial proceedings and undertakes that he will not cause any delay in the conduct of the trial.

3. The learned Government Advocate (Crl. Side) submitted that the offences relate to the year 2015. Upon conclusion of the investigation, a chargesheet was filed and the case was taken on file in S.C. No. 9 of 2018. There are totally five accused in this case and the petitioner is arrayed as A5. It is further submitted that an NBW was issued against the petitioner on 09.03.2018, which was subsequently recalled. However, the petitioner absconded again and a second NBW was issued on 13.09.2019. After six years of sustained efforts, the petitioner was finally secured and arrested.

4. The learned Government Advocate further submitted that all other accused are now appearing before the Court and if the petitioner is granted bail, there is every likelihood that he may abscond again, thereby stalling the progress of the trial. The case has already been pending for nearly eight years without any 2/4

progress. However, it is assured that the trial can be completed within a period of four months.

5. In view of the long abscondence of the petitioner and the fact that the case is pending for almost eight years, this Court is not inclined to grant bail at this stage.

6. Accordingly, this Criminal Original Petition stands dismissed. 11.07.2025 nsl M.NIRMAL KUMAR, J.

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To

1. The Inspector of Police, D1-Triplicane Police Station, Chennai.

2. The Public Prosecutor, High Court of Madras.

Crl.O.P.No. 17731 of 2025 11.07.2025 4/4