A.YESURAJAN Vs. STATE

JUDGEMENT

(1.) The Petitioner, who is facing trial before the learned I Additional Special Judge, City Civil Court, Chennai for the offences punishable under Sections 307, 120(B), 341 and 302 IPC, seeks bail.

(2.) The contention of the petitioner is that the petitioner/A6 was initially granted bail. Thereafter, he was attending the trial. During the pendency of the trial, some of the witnesses filed petition stating that the petitioner as well as the other accused threatened them. Hence, the trial court cancelled the bail granted to the petitioner, against which the petitioner filed Criminal Revision before this Court and the other accused filed Criminal Original Petition. The revision of the petitioner before this Court was dismissed, confirming the cancellation of bail of the petitioner. Subsequently, the petitioner moved bail application before this Court and the same was also dismissed.

(3.) The contention of the petitioner is that the apprehension of the prosecution is the petitioner was threatening the witnesses is no more found, since the examination of all the witnesses in this case have been completed. After that the accused has been questioned under section 313 Cr.P.C, now the case is pending for defence witnesses. The petitioner during investigation, was taken illegal custody by the respondent police, HCP was filed before the High Court against the illegal detention of the petitioner. Later the petitioner shown arrest. Now at the stage of the defence, the said petitioner in HCP as well as the HCP petition are to be examined and marked as defence witnesses and exhibits. For that purpose, the petitioner has to instruct his counsel effectively. Further, due to the closure of Courts and lockdown, the trial of the case is without progress and the petitioner has been unnecessarily detained. The petitioner is in prolonged confinement. The petitioner produced a typed set relying on the orders of this Court in Crl.O.P.Nos.6367 & 6472 of 2019, dated 11.04.2019 and Crl.O.P.No.33856 of 2019, dated 17.02.2020.