CHANDRASEKARAN Vs. STATE

JUDGEMENT

(1.) The above criminal appeals are filed against the common order dated 26.6.2019, passed by the III Addl. District and Sessions Judge (PCR), Madurai, made in Crl. M.P. Nos. 576 to 583 of 2019 in Spl. S.C. No. 31/2019, dismissing the bail applications filed by the appellants/accused. These appellants are accused A-12 to A-15, who were charged for the offences u/s 120 (B), 201 r/w 120 (B), 302 r/w 120 (B), 471 r/w 120 (B), 468 r/w 120 (B), 465 r/w 120 (B), 384 r/w 120 (B), 325 r/w 120 (B), 364 r/w 120 (B) IPC and u/s 3 (2) (v) of the SC/ST (PoA) Act r/w 120 (B) IPC.

(2.) Earlier, the accused were granted bail by the Principal District Judge, Namakkal, where originally the trial was set in motion in S.C. No. 78/2016. A petition was filed u/s 439 (2) Cr.P.C. for cancellation of bail granted to the respondent/accused and after taking note of the hostile conduct of some of the accused in threatening the learned Sessions Judge during the course of hearing, the learned Sessions Judge has framed the following points for consideration:-

(3.) After examining the case in detail, the learned Sessions Judge finally cancelled the bail granted to the accused by order dated 7.6.18. Thereafter, the present bail applications have been moved on the ground that these accused have been suffering imprisonment since 7.6.18 and till date and as many as 79 witnesses have been examined on the side of the prosecution. According to the accused, all the independent witnesses have been examined and remaining witnesses to be examined are only official witnesses and, therefore, there would not be any legal impediment for their release on bail. Therefore, they moved the trial court for grant of bail after suffering incarceration since 7.6.18 for a year.