Farikul Islam v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 29.10.2025
CORAM
THE HONOURABLE MR . JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN Farikul Islam ... Appellant/Accused
Versus
State rep. By The Deputy Superintendent of Police CBCID, Counterfeit Currency Wing Chennai (Cr.No.2 of 2014) .. Respondent Prayer:- Criminal Appeal filed under Section 21(4) of Unlawful Activities (Prevention Act) against the dismissal order of the Bail Petition in Crl.M.P.No.1 of 2025 in C.C.No.75 of 2016 dated 01.09.2025 by the V Additional Sessions Judge at Chennai.
For Appellant :
Mr.R.Rafi Babu For Respondents :
Mr.A.Damodaran Additional Public Prosecutor Assisted by Ms.M.Anifa Thasneem 1/6
JUDGMENT
(Order of the Court was made by N.SATHISH KUMAR, J.) This appeal has been filed challenging the order of dismissal of the bail application by the trial Court.
2. The appellant was charged under Section 489B & 489C, 120(b) IPC, Sections 25(1-B)(a), 29(a), 29(b) of Arms Act 1959 and Section 15(1)(a)(iiia), 16(1)(b), 18 and 20 of UAP Act, 1967. It is the contention of the appellant that due to illness the appellant could not attend the court on 06.01.2016, which resulted in issuance of Now-bailable warrant. Subsequently, he was arrested and produced before the Court on execution of the NBW on 08.03.2022. According to the learned counsel for the appellant, the appellant is in custody for more than three years and the bail applications filed by the appellant have been dismissed by the trial Court.
3. The learned Additional Public Prosecutor appearing for the respondent would submit that as the appellant/accused was absconding, the case has been split up against the appellant, the case is at the stage of examination of witnesses and the case has been posted for examination of 2/6
LW28 on 04.11.2025.
4. We have considered the rival submissions and perused the materials available on record.
5. Admittedly, there are several accused in the case and during trial, the appellant absconded resulting in issuance of Non-Bailable Warrant against him in the year 2016 and he was arrested and remanded to judicial custody on 08.03.2022. The appellant has already filed bail applications in Crl.M.P.No.3551 of 2022, Crl.M.P.No.8258 of 2022 and Crl.M.P.No.12460 of 2024 but the same were dismissed by the Principal Sessions Court 16.03.2022, 30.06.2022 and 24.04.2024 respectively, against which the appellant filed petitions before this Court in Crl.O.P.Nos.9503 of 2022, 11842 of 2022, 17771 of 2022 and 7291 of 2023 and the same were also dismissed on 26.04.2022, 08.06.2022, 01.08.2022 and 10.04.2023 respectively. The appellant also preferred an appeal before this Court in Crl.A.No.561 of 2024 and subsequently withdrawn by him on 25.03.2025. Now the appellant has filed the present appeal challenging the dismissal of bail application.
6. Considering the earlier orders of this Court and the fact that 3/6
accused was absconding for more than three years, which forced the trial Court to split up the case as against the appellant herein and in view of the fact that the trial is at the verge of completion, as 27 witnesses have already been examined, at this stage if the appellant is released on bail there is every likelihood of appellant absconding once again and the trial will not see its logical end.
7. In the light of the above, we are not inclined to entertain the appeal and the same is dismissed. The trial Court is directed to complete the trial within two months from the date of receipt of a copy of this order. [N.S.K.,J.] [M.J.R.,J.] 29.10.2025 Index: Yes/No gpa 4/6
To
1. V Additional Sessions Judge at Chennai.
2. The Public Prosecutor High Court, Madras.
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N.SATHISH KUMAR, J., AND M.JOTHIRAMAN, J., gpa 29.10.2025 6/6