M. BHARATHIMOHAN Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested on NBW and remanded to judicial custody on 3/9/2025, for the alleged offence punishable under Ss. 366 of IPC and Sec. 5(1) r/w. 6 of POCSO Act, 2012 in Crime No.593 of 2022, on the file of the respondent police, seeks bail.

(2.) It is a case of jumped bail. The petitioner is facing trial in S.C No.1 of 2023 on the file of the Sessions Judge, Mahalir Neethimandram (Fast Track Mahila Court),Tiruppur for the offences under Sec. 366 of IPC and Sec. 5(1) r/w. 6 of POCSO Act, 2012. Since the petitioner did not appear before the learned Sessions Judge, Mahalir Neethimandram (Fast Track Mahila Court),Tiruppur on 21/8/2023, the learned trial Judge issued Non Bailable Warrant against the petitioner and pursuant to which, the petitioner has approached this Court seeking for bail.

(3.) The learned counsel for the petitioner would submit that earlier the petitioner was granted bail and thereafter, he was regularly appearing before the court and that due to ill health, he was unable to attend the court and therefore, NBW was issued against him on 31/8/2023, pursuant to which he was arrested and remanded on 3/9/2025. He would further submit that the petitioner also undertakes to appear before the trial court on all hearing dates without any default. Therefore, the petitioner may be enlarged on bail.