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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-11-2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.30741 of 2025 Mohamed Yassin Arafath ... Petitioner/ A2 Vs The State rep. by, The Inspector of Police, Wellington Police Station, Wellington, Nilgiris at Udhagamandalam.

(Crime No.13 of 2017) ... Respondent PRAYER : Criminal Original Petitions filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioners/accused in S.C.No.54 of 2017 on the file of the Magalir Neethimandram (Fast Track Mahila Court, Udhagamandalam) Sessions Judge of the Nilgiris at Udhagamandalam.

For Petitioner(s) :

Mr. M. Vairavan Kasirajan For Respondent(s) :

Mr. A. Gopinath Government Advocate (Crl. Side) ******* 1/4

ORDER

The petitioner herein, who was arrested and remanded to judicial custody on 28.03.2025 based on a NBW dated 08.07.2021 issued against the petitioner in S.C.No.54 of 2017 on the file of the Magalir Neethimandram (Fast Track Mahila Court, Udhagamandalam) Sessions Judge of the Nilgiris at Udhagamandalam, seeks bail. The earlier bail application of the petitioner was dismissed by this Court, vide order dated 23.06.2025 in Crl.O.P.No.17961 of 2025 for the following reasons: "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."

2.

The learned counsel appearing for the petitioner submitted that the petitioner is in judicial custody since 28.03.2025; that the witnesses in this case were examined and the trial is not likely to be concluded in the near future; and the petitioner is ready to abide by any stringent conditions that may be imposed by this Court, hence prays to grant bail to the petitioner.

3.

The learned Government Advocate (Crl. Side) appearing for 2/4

the respondent police submitted that there are totally 14 witnesses in this case and the case is posted for cross examination of L.W.3; that the petitioner has 9 previous cases and the trial is progressing. 4.

Considering the submissions made on both sides, the previous antecedents of the petitioner, the trial has commenced and progressing and taking note of the fact that the present bail petition is filed without any change of circumstances after dismissal of the earlier bail petition in Crl.O.P.No.17961 of 2025, this Court is not inclined to grant bail to the petitioner.

5.

Accordingly, this criminal original petition stands dismissed. 11.11.2025 stn K. RAJASEKAR, J.

stn 3/4

To

1. The Inspector of Police, Wellington Police Station, Wellington, Nilgiris at Udhagamandalam.

(Crime No.13 of 2017)

2. The Public Prosecutor, High Court of Madras.

CRL OP NO.30741 of 2025 11.11.2025 4/4