Mohamed Yassin Arafath v. The State Rep By Its The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2025

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Mohamed Yassin Arafath ... Petitioner Vs.

The State represented by, The Inspector of Police, Wellington Police Station, The Nilgiris District.

(Crime No.13 of 2017).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.13 of 2017, pending investigation on the file of the respondent Police. For Petitioner : Mr.W.Camyles Gandhi For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 28.03.2025 seeking bail in S.C.No.54 of 2017 pending trial on the file of the learned Sessions Judge Magalir 1/4

Neethimandram of the Nilgiris District at Udhagamandalam, in connection with Crime No. 13 of 2017 registered for the offences punishable under Sections 392 of IPC @ 392, 397, 109, 451 of IPC

2. The petitioner is facing prosecution for the offence under Sections 392 of IPC @ 392, 397, 109, 451 of IPC. The petitioner was initially granted bail during the investigation. During the trial, for his non-appearance, a non-bailable warrant was issued and the petitioner was arrested on 28.03.2025.

3. Learned counsel appearing for the petitioner submitted that, the petitioner's non appearance is neither wilful nor wanton and in any case, petitioner is in custody from 28.03.2025 and he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. Per contra, the learned Additional Public Prosecutor reiterated the prosecution case and submitted that due to the absence of the petitioner, trial is pending from the year 2017 without any progress. 2/4

5. Considering the fact that the case is pending from the year 2017 without any progress due to the non appearance of the petitioner, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition stands dismissed. 23.06.2025 Sma To

1. The Inspector of Police, Wellington Police Station, The Nilgiris District.

2. The Public Prosecutor, High Court of Madras.

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G.K.ILANTHIRAIYAN ., J.

Sma 23.06.2025 4/4