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2009 Supreme(Mad) 4153

K.N.BASHA
M. Sahul Hameed – Appellant
Versus
Jamal @ Jamaluddin & Others – Respondent


Advocates appeared:
For the Petitioner:C. Duraipandian, Advocate. For the Respondent:R1 & 2, N. Doraisamy, Legal Aid Counsel, R3, A. Saravanan, Government Advocate (Crl.Side).

Judgment :-

1. Mr. C. Doraipandian, learned counsel for the petitioner submitted that the petitioner is the de facto complainant and witness (P.W.1) in this case and he has come forward with his petition seeking for the relief of canceling the bail granted to the respondents 1 and 2 for the alleged offence under Section 302 of IPC.

2. It is contended by the learned counsel for the petitioner that petitioner was prevented by the accused persons from giving evidence before the Trail Court and as a result, he has given a Complaint before R1, Mambalam Police Station and a case was registered. It is submitted that so far 14 witnesses have been examined and six witnesses have been dispensed with by the prosecution and some more witnesses are yet to be examined by the prosecution. The learned counsel for the petitioner submitted that in view of the threat given by the respondents 1 and 2, who have been arrayed as A1 and A2, the petitioner apprehends that the witnesses may not be in a position to come and give deposition freely without any fear. Therefore, it is contended that in view of such conduct of the respondents 1 and 2, the bail granted to them is liable to be cancelled.

3. Mr. N














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