The court's decision to grant bail was influenced by the length of the appellant's incarceration, the status of the pending trial, and the compliance of other accused with bail conditions.

JUDGMENT

(Prayer: Criminal Appeal filed under Section 21 of National Investigation Agency Act, 2008 against the order passed in Crl.M.P.No.734 of 2023 on the file of the Special Court under the National Investigation Agency Act, 2008 (Sessions Court for Exclusive Trial of Bomb Blast Cases), Chennai at Poonamallee dated 12.05.2023 and set aside the same and enlarge the appellant on bail in Crime No.1/2023 on the file of the respondent police.)

M. Sundar, J.

1. This order will now dispose of the captioned Criminal Appeal.

2. When the captioned criminal appeal was listed before this Bench on 13.06.2023, the following proceedings / orders were made:

''Captioned Criminal Appeal has been filed assailing an ''order dated 12.05.2023 made in Crl.M.P.No.734 of 2023 in Spl.S.C.No.9 of 2022 (C.C.No.7/2014) (CNR No.TNCH06-000734-2023)'' on the file of ''Special Court under the National Investigation Agency Act, 2008 (Sessions Court for Exclusive Trial of Bomb Blast Cases) Chennai at Poonamallee, Chennai'' [hereinafter ''impugned order'' and ''trial Court'' respectively for the sake of convenience and clarity]. To be noted, in and by impugned order, trial Court has dismissed a regular bail application under Section 439 of ''The Code of Criminal Procedure, 1973 (2 of 1974)'' [hereinafter ''Cr.PC'' for the sake of brevity and clarity].

2. Ms.K.Dheepakshi, learned counsel is before us on behalf of appellant on the videoconferencing platform (to be noted, this is a hybrid hearing).

3. Ground No.(viii) in the grounds of appeal placed before us reads as follows:

''viii. At the period of granting bail, the petition had been facing the trial at Bangalore in S.C.No.381/2015 C/W S.C.No.1347/2016 before the Court XLIX Additional City Civil and Sessions Judge (Special Judge for trial of NIA cases), (CCH-50) Bangalore. Therefore, he filed the petition to cancel the bail that itself shows that he is genuine to face the trial. Now the case of trial completed Bangalore and he served out the sentence. Now, he has filed petition for bail.''

(underlining made by this Court for ease of reference)

4. This Court wanted to know from the learned counsel for appellant the details regarding petition to cancel bail and orders passed thereon. This Court also wanted learned counsel to produce copies of the same, if available.

5. Faced with the above situation, learned counsel requested for a short accommodation. Request acceded to.

6. List day-after-tomorrow. List on 15.06.2023 under the cause list caption ''ADJOURNED ADMISSION''.''

3. Thereafter, there were three listings on 15.06.2023, 26.06.2023 and 28.06.2023 when the following proceedings were made:

Proceedings dated 15.06.2023:

''Read this in conjunction with and in continuation of earlier proceedings made in the previous listing on 13.06.2023.

2. Ms.K.Dheepakshi, learned counsel for petitioner requests for further time to do the needful and bring on board the papers available with her. Request acceded to.

3. List on Tuesday. List on 20.06.2023.''

Proceedings dated 26.06.2023:

''Re-notified.

List day-after-tomorrow.

List on 28.06.2023.''

Proceedings dated 28.06.2023:

''Re-notified.

List on 05.07.2023.''

4. Aforementioned proceedings / orders, more particularly proceedings / orders made on 13.06.2023 shall now to be read as an integral part and parcel of this order and therefore, short references, short forms and abbreviations used in 13.06.2023 proceedings shall continue to be used in the instant order also.

5. Today, Dr.S.Manoharan, learned counsel on record for appellant and Mr.A.Gokulakrishnan, learned State Additional Public Prosecutor assisted by Mr.J.Kalaiselvan, learned counsel and instructed by Ms.T.Pandi Muthulakshmi, Inspector of Police, jurisdictional police station in