MALLIGA Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 19/10/2022 pursuant the non-bailable warrant issued against her on 19/4/2021, for the offence under Ss. 302 @ 120 (B), 147, 148, 341, 302 IPC in S.C.No.148 of 2021, on the file of the XVIII Additional Sessions Court, Chennai, in Crime No.3615 of 2020, seeks bail.

(2.) The learned counsel for the petitioner would submit that the petitioner is an accused facing trial in S.C.No.148 of 2021 pending on the file of the learned XVIII Additional Sessions Court, Chennai. He would further submit that originally the petitioner was granted bail in this case and she was all along regularly appearing before the Court and since, the petitioner did not appear before the Court on 19/4/2021, a Non Bailable Warrant was issued against her and pursuant to which, she was arrested on 19/10/2022. He would further submit that the petitioner on 19/4/2021, only due to her illness, she was unable to appear before the Court. He would also reiterate that the petitioner has been all along regularly appearing before the court and she is prepared to comply with any stringent condition that may be imposed by this Court and ready to furnish sufficient sureties. He would also submit that the petitioner is in custody from 19/10/2022 along with her 2 year old female baby and therefore, he prays for grant of bail to the petitioner.

(3.) The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner, who is arrayed as A5 in this case, on 19/4/2021, failed to appear before the Court and therefore, the Court has issued a NBW against her and pursuant to which the petitioner has been arrested on 19/10/2022. He would also submit that there is no previous case as against the petitioner. However, he oppose for grant of bail to the petitioner.