NAGARAJ Vs. STATE

JUDGEMENT

(1.) The respondent police registered a case as against this petitioner in Crime No.36 of 2021 for the offence under Sec. 174 Cr.P.C. altered into Sec. 306 IPC and remanded him into judicial custody on 21/2/2024. In this case, a charge sheet has been filed before the learned Judicial Magistrate, Additional Mahila Court, Dindigul and the same is pending in PRC No.11 of 2011. The petitioner, due to ill-health, could not appear before the Court for hearing on 3/2/2024. Though he filed an application under Sec. 317 Cr.P.C., the learned Judicial Magistrate, Additional Mahila Court, Dindigul, dismissed the said application and issued a Non-Bailable Warrant, based on which, he was secured on 21/2/2024. Therefore, he has filed this petition seeking bail.

(2.) The learned counsel for the petitioner submits that due to ill-health, the petitioner could not appear before the Court for hearing on 3/2/2024. Further, the petitioner has also filed an application under Sec. 317 Cr.P.C and the same was dismissed by the Court and NBW was issued. The petitioner also undertakes that he will appear before the Court regularly without filing any application to dispense with his personal appearance.

(3.) The learned Additional Public Prosecutor submits that due to non-appearance of the petitioner, Non-Bailable Warrant was issued by the Court, based on which, he was arrested on 21/2/2024.