R. KUMARESAN Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 23/7/2025 based on execution of NBW dtd. 27/5/2025 in S.C.No.44 of 2021 pending trial on the file of the learned Court of Sessions, Magalir Needhi Mandram (Fast Track Mahila Court) Judge, Tiruppur for the offences punishable under Ss. 294(b), 342, 34, 302, 307 and 506(ii) of IPC, seeks bail. The earlier bail application of the petitioner was dismissed by this Court, vide order dtd. 26/9/2025 in Crl.O.P.No.26740 of 2025.

(2.) The learned counsel appearing for the petitioner submitted that originally the petitioner was earlier arrested and released on bail and was regularly appearing before the Trial Court for the case in S.C.No.44 of 2021 and due to his ill health, he could not able to appear before the Trial Court on 27/5/2025, a NBW was issued as against the petitioner and subsequently, the petitioner was arrested on 23/7/2025. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner.

(3.) The learned Government Advocate (Criminal Side) appearing for the respondent while opposing the bail to the petitioner submitted that the petitioner was on bail earlier, since he has not appeared before the Trial Court during the pendency of the trial, a NBW was issued and subsequently, he was arrested. He further submitted that the petitioner has no previous antecedents, the charges have been framed in this case and the trial is yet to commence.