Observing that the three accused in MLAs’ poaching attempt case were in prison for over a month and the material part of the investigation was completed, Justice Chillakur Sumalatha of Telangana High Court on Thursday granted conditional bail to them.
It is not the case of the prosecuting agency that the accused would have the opportunity to interfere with the investigation or commit further crimes if they are enlarged on bail, the judge said in the order. If the accused resort to any such activity, the State has power to curtail the same, the judge said disposing the criminal petitions files by the three accused in the case.
Moinabad police of Cyberabad arrested Ramachandra Bharati alias Satish Sharma, Kore Nandu Kumar, and D. P. S. K. V. N. Simhayaji on October 26 on charge of attempting to lure four TRS MLAs to join BJP with a bait of ₹100 crore each. Along with different sections of Indian Penal Code relating to criminal conspiracy and bribery offer, section eight of Prevention of Corruption Act too was invoked against the accused.
The next day, the ACB special court judge rejected remand of the accused as sought by police when they were presented before him. Challenging the special court judge order, the police filed a criminal revision petition in Telangana HC. Justice Sumalatha set aside the lower court order and instructed the accused to surrender before the police. Since then, they were in prison.
Eventually, the accused moved the Supreme Court which directed the HC to consider the bail application of the accused expeditiously since they were behind the bars for 22 days by then. Accordingly, Bharati, Kumar and Simhayaji filed criminal petitions seeking bails which were heard by Justice Sumalatha.
Counsels of the petitioners contended that the complaint based on which the case was registered against their clients was not maintainable as police failed to follow parameters of Section 17 of PC Act. Entire investigation in the case was completed all relevant material was seized by the police in the case, they argued.
Additional Public Prosecutor T.V. Ramana Rao, appearing for the State, said the question of issuing notice to the accused under Section 41-A of Criminal Procedure Code did not arise as the crime was committed before the police. Some more persons are yet to be arrested in the case and there is a conspiracy between the accused and some other suspects who are yet to be questioned, the APP said.
Bail conditions
Each should furnish a personal bond for ₹3 lakh.
Two sureties of ₹3 lakh each by each petitioner.
Petitioners should surrender their passports to police.
They should assist with the investigators.
Must report before SIT every Monday between 10.30 a.m. and 12 noon till police file final report.
