Ekene Godwin vs State Of Tamilnadu

The Supreme Court held that the Trial Court's procedure of recording examination-in-chief of prosecution witnesses without the presence of the appellants' Advocate violated their right to a fair trial under Section 242(3) of the Code of Criminal Procedure, 1973. The Court emphasized that the presence of legal representation is essential during witness examination to prevent prejudice. Consequently, the Court granted bail to the appellants, who had been in custody since January 8, 2023, subject to stringent conditions, including the deposit of their passports.