MUNUSAMY Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 28/9/2022 for the offences punishable under Ss. 294(b), 392, 397, 506(ii) IPC r/w Sec. 34 IPC, in connection with S.C.No.441 of 2013, pending on the file of the XVIII Additional District and Sessions Judge, Chennai.

(2.) The learned counsel for the petitioner would submit that the petitioner is arrayed as A2, facing trial in S.C.No.441 of 2013 pending on the file of the XVIII Additional District and Sessions Judge, Chennai for the offences under Sec. 294(b), 392, 397, 506(ii) IPC r/w Sec. 34 IPC. He would submit that originally the trial Court granted bail to the petitioner and he was regularly appearing before the trial Court. However, on 14/9/2022, the petitioner was unable to appear before the Court below on account of his illness.

(3.) Therefore, the trial Court issued Non-Bailable Warrant as against him. Thereafter, the petitioner taken steps to surrender and recall the warrant issued against him. However, the Respondent executed the warrant and the petitioner was remanded to judicial custody on 28/9/2022. He would further submit that the case is pending for service of NBW for the accused/A3 and A4 and the petitioner is ready to file an affidavit of undertaking to appear before the trial Court on all hearing dates and co-operate for the speedy disposal of the trial. Hence, he prays to grant bail to the petitioner.