Mohammed Ali @ Ali v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.09.2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR Crl.O.P.No.24924 of 2025 Mohammed Ali @ Ali ... Petitioner Vs.

The State represented by The Inspector of Police, Central Crime Branch Police Station Tiruppur District ... Respondent Crime No.03 of 2016 PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in C.C.No.249 of 2023 on the file of respondent police. For Petitioner : Mr.C.D.Sugumar For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

O R D E R

The petitioner was arrested and remanded to judicial custody on 13.05.2025, on execution of Non-Bailable Warrant issued by the learned Judicial Magistrate Court No.II, Tiruppur for the offence under Sections 120(b), 468, 471 & 420 of IPC pending trial in C.C.No.249 of 2023 in respect of Crime No.03 of 2016 on the file of the respondent police, seeks

bail.

2. It is the case of the prosecution is that the petitioner has been arrayed as an accused in Crime No.03 of 2016 under Sections 120(b), 468, 471 & 420 of IPC and after filing charge sheet, the same was pending before the learned Judicial Magistrate Court No.II, Tiruppur. Thereafter, the petitioner did not appear before the lower Court regularly. Hence, the lower Court has issued Non-Bailable Warrant against the petitioner on 19.07.2017. Thereafter, The petitioner was arrested and remanded to judicial custody on 13.05.2025.

3. The learned counsel appearing for the petitioner would submit that the non-appearance before the lower Court by the petitioner is neither wilful nor wanton. However, he would also submit that the petitioner is ready to abide any condition as imposed by this Court and seeks for grant of bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that the lower Court has issued Non-Bailable Warrant against the petitioner on 19.07.2017. Thereafter, The petitioner was arrested and remanded to judicial custody on 13.05.2025. He would further submit that the case is pending for trial from the year 2016. Hence, he vehemently opposed to grant bail to the petitioner.

5. The petitioner was arrested and released on bail in Crime No.3 of 2016. After completion of investigation, the respondent filed final report and the same has been taken cognizance in C.C.No.249 of 2023 pending on the file of the learned Judicial Magistrate No.II, Tiruppur. However, the petitioner was absent before the trial court. As such, Non Bailable Warrant was issued against him and the same was executed and he was remanded to judicial custody on 13.05.2025.

6. Considering the above facts and circumstances of the case and also considering that while pending NBW, this Court is not inclined to grant bail to the petitioner.

K.RAJASEKAR J.

kmm

7. Accordingly, this Criminal Original Petition is dismissed. 17.09.2025 kmm Note:

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

To

1. The Judicial Magistrate Court No.II, Tiruppur.

2. The Inspector of Police, Central Crime Branch Police Station Tiruppur District

3. The Superintendent, Central Prison, Coimbatore District.

4. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.24924 of 2025