S. SUDHIR Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 18/12/2025 based on execution of NBW dtd. 18/2/2025 in C.C.No.640 of 2023 on the file of the VI Metropolitan Magistrate Court, Egmore, Chennai for the offences punishable under Ss. 341, 294(b), 323, 506(ii) of IPC, seeks bail.

(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 C.C.No.640 of 2023; that due to his employment, the petitioner moved from Chennai, hence he was unable to appear before the Trial Court in this case on 18/2/2025, hence a NBW was issued against the petitioner; that when the petitioner returned back and came to know about the NBW issued against him, he immediately taken steps to recall the warrant by filing an application under Sec. 70(2) of BNSS and voluntarily surrendered before the Trial Court on 18/12/2025, while seeking to recall the NBW; that however, the Trial Court dismissed the petition and subsequently, the petitioner was remanded to judicial custody on the same day; and 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; that the trial is yet to be commenced.