A bench of Justices B.R. Gavai and B.V. Nagarathna asked the trial court to consider the accused’s bail plea on merits in the meantime, as it scheduled the matter for further hearing on November 7. The accused moved the apex court claiming the case against them is politically motivated.
On October 29, the Telangana High Court had set aside the trial court order and directed the three accused to surrender to the police.
The trial court did not grant the police request for remand, noting that the three accused’s detention was in violation of the guidelines in the Arnesh Kumar case, since notice under Section 41A of the Criminal Procedure Code was not served.
It has been alleged that the accused approached TRS leader Pilot Rohith Reddy to get TRS MLAs to defect to the BJP. On Reddy’s complaint, the three people were arrested by the Cyberabad police.
The High Court had reversed the lower court order. It said that the police are at liberty to approach the magistrate for sending the accused to judicial custody.
The trio — Ramachandra Bharati, Kore Nandu Kumar and Simhayaji Swamy — have been charged under relevant sections of the IPC and the Prevention of Corruption Act.
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