KRISHNASWAMY REDDY AND ANOTHER Vs. STATE BY SUB-INSPECTOR OF POLICE, POLICE OUT POST TIRUPATHUR, NORTH ARCOT DT

JUDGEMENT

(1.) This is a petition under Sections 439 and 437 of the Criminal procedure Code for releasing the petitioners against whom and a number of others Crime No. 314 of 1978 under Ss. 147, 148, 149. 307, 302 and 286 I.P.C. has been registered and is being investigated into, an earlier bail application filed on behalf of the petitioners was dismissed on 13th June 1978 but giving liberty to the petitioners for renewing the application after three weeks.

(2.) It appears that a charge-sheet has since been filed in this case, But the Magistrate has not yet committed the accused for trial before the Court of Session.

(3.) Mr. Sankaran en behalf of the petitioners has argued that the detention of the petitioners is, custody is illegal inasmuch as, there is no provision in the Criminal Procedure Code by which an accused could be remanded after the filing of the charge sheet before the Magistrate in a case triable exclusively by a Court of Session and before the case is committed to the Sessions Court. Mr. Sankaran has pointed out that remands under S. 167, Crl. P.C., will ensure only during the period when the case is under investigation and once the charge sheet is filed there can be no remand under S. 167. Crl. P.C. This contention of his is quite correct, for, S. 167 prescribes the procedure when investigation cannot be completed in 24 hours. Mr. Sankaran has argued that S. 309 Crl. P.C. would apply to cases in which the filing of a charge sheet is to be followed by an enquiry or trial and to a case where there is an interval between the filing of a charge sheet and the committal of the accused to take his trial before the Court of Session.