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Judgment
V. Jagannathan, J.—Crl.P. No. 6176/10 is filed by accused Nos. 3 & 4 in Cr. No. 104/09 and Crl.P. No. 407/11 is filed by accused Nos. 8 & 9 in Cr. No. 26/09 of Sringeri police In both these crime numbers, the offence alleged against the accused persons are under Sections 143, 144, 147, 148 & 307 r/w 149 of IPC & under Sections 3 & 25 of Indian Arms Act, 1959 & Sections 3 & 4 of Explosive Substances Act r/w Section 13 of the Unlawful Activities (Prevention) Act, 1967.
The allegations are that these Petitioners were found in possession of pamphlets and on the basis of the voluntary statement given in Cr. No. 55/10, the Petitioners are now accused in the aforesaid crime numbers also and more over, the trial court has released accused Nos. 1 to 7 on bail in Cr. No. 26/09 and accused Nos. 1 and 2 is Cr. No. 104/09.
On the other hand, submission of the learned Addl. SPP for the State is that these Petitioners are also involved in committing the aforementioned offences and apart from recovery of pamphlets, these Petitioners were also found in supporting Naxalites and the charge sheet is not filed in Cr. No. 104/09, but in Cr. No. 26/09 charge sheet has been submitted and therefore, Petitioners can be directed to renew their bail application before the trial court.
Having thus heard both sides and the trial court having released on bail some of the accused persons in Cr. Nos. 26/ 09 & 104/09 and charge sheet is yet to be fifed in Cr. No. 104/09, the Petitioners therefore can very well move the trial court for regular bail by citing the very same reason of the other accused being let on bail by the trial court If any such application is filed by the Petitioners the trial court shall consider the same on priority on the came day and also on the basis of the bail being granted to other accused persons.
With these observations, both the petitions are disposed of.