Citation : 2025 Latest Caselaw 8160 Mad
Judgement Date : 29 October, 2025
Crl.A.No.1658 of 2025
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
Crl.A.No.1658 of 2025
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
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Crl.A.No.1658 of 2025
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
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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
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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
Neutral Citation: Yes/No
gpa
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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
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