Mohamed Arshath v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.09.2025

CORAM

THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN Crl.O.P.No.23189 of 2025 Mohamed Arshath ... Petitioner / A7 Vs.

The State rep. by The Inspector of Police, Kovilpalayam Police Station, Coimbatore District.

... Respondent (Cr.No.225 of 2025) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Cr.No.225 of 2025 on the file of the respondent police. For Petitioner : Mr.B. Balaji For Respondent :

Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

The petitioner herein was arrested on 23.07.2025 in connection with Crime No.225 of 2025 for the offence under Sections 140(2), 127(2), 118(1) and 351(1) of BNS Act, 2023.

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2.The First Information Report indicates that this petitioner along with other accused persons had kidnapped the defacto complainant and wrongfully confined him in an isolated place and also assaulted him and under compulsion obtained a sum of Rs.13,50,000/-. 3.The learned Government Advocate (Crl. Side), appearing for the respondent, opposed for grant of bail stating that the petitioner herein is one of the prime accused in this matter and five of the accused, in this case, is still absconding. If the petitioner is released on bail, there is every possibility of absconding.

4.The learned counsel for the petitioner would submit that the petitioner herein is a college student and nothing to do with the alleged offence. He would also further submit that the defacto complainant himself is a history sheeter who had quarrel with the 1st accused which has led to the alleged incident.

5.In response to that, the learned Government Advocate (Crl. Side), states that the petitioner is an associate of the 1st accused, who is having two 2/3

previous cases. Since the money extorted from the defacto complainant yet to be recovered, the release of the petitioner herein is not conducive for investigation.

6.Considering the rival submissions and the nature of the offence alleged to have been committed by this petitioner, this Court is not inclined to entertain the bail petition at this stage. Hence, this Criminal Original Petition stands dismissed.

03.09.2025 smv To

1. The Inspector of Police, Kovilpalayam Police Station, Coimbatore District.

2. The Public Prosecutor, High Court of Madras.

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Dr.G.JAYACHANDRAN, J.

smv Crl.O.P.No.23189 of 2025 03.09.2025 4/3