Gundla Yellam v. State Of Telangana

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL PETITION No.4063 of 2015 ORDER:

The petitioners, who are A1, A2 and A4 in Crime No.7 of 2015 of Chegunta Police Station, Medak District, filed the present application under Sections 437 and 439 of the Code of the Criminal Procedure (Cr.P.C.), seeking enlargement on bail in connection with the above crime registered for the offences punishable under Sections 147, 302, 307, 324, 341, 435, 148 and 149 of IPC. Heard learned counsel for the petitioners and the learned public prosecutor appearing for the respondent-State.

Earlier the petitioners herein filed an application for bail before this Court vide Criminal petition No.2618 of 2015. By an order dated 01.04.2015, this Court dismissed the said application on merits, leaving it open to the petitioners to renew the request before the trial Court after completion of investigation. Without moving the trial Court, the petitioners have moved this petition for bail, on the ground that though 90 days have elapsed from the date of arrest, the police have not filed charge sheet. If that be so, the petitioners ought to have moved an application under Section 167 (2) Cr.P.C. before the concerned Magistrate Court instead of approaching this Court. Hence, the Criminal Petition is disposed of by directing the petitioners to move the appropriate Court for the relief. As a sequel thereto, Miscellaneous Petitions, if any, pending shall stand closed. _________________________ JUSTICE C. PRAVEEN KUMAR 01.05.2015 vhb