NAGARAJAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Crl.R.C.No.1824 of 2003 is filed by one Nagarajan and Crl.R.C.No.1825 of 2003 is filed by 13 persons against the order of the learned District Munsif cum Judicial Magistrate, Vanthavasi passed in Crl.M.P.Nos.3018 and 3630 of 2003 dated 17.11.2003 and 27.11.2003.

(2.) The brief facts of the case are as follows: The petitioners are accused in Crime No.115 of 2003 on the file of South Police Station, Vandavasi wherein the respondent registered a case for the alleged offence under section 147,148, 302 & 307 IPC., As per the F.I.R. there were six accused viz., one by name Kumaran and five unnamed persons. Due to repeated raids by the police in the village, the petitioners have also surrendered in court and thus 13 more accused have been inducted as accused in the later investigation. The petitioner in Crl.R.C.No.1824 of 2003 surrendered in court on 11.08.2003. So far as Crl.R.C.No.1825 is concerned the petitioners 1&2 surrendered before the court on 25.07.2003, the 3rd petitioner surrendered on 30.07.2003, the 4th petitioner was arrested on 23.07.2003, the 5th petitioner was surrendered 1.08.2003 and the 6th petitioner was arrested on on 07.08.2003 and the petitioners 7 to 13 surrendered on 21.07.2003.

(3.) The petitioners in both these revisions filed bail applications before the court after completion of 90 days of their remand invoking the provisions of Section-167(2) Cr.P.C., By order dated 17.11.20, the application of the petitioner in Crl.R.C.No.1824 of 2003 and by order dated 27.11.2003 the bail application of the petitioners in Crl.R.C.No.1825 of 2003 were dismissed on the ground that charge sheet was filed on 13.10.2003 which was returned for rectifying certain defects and therefore relying on the decision of this court reported in Palanisamy @ Palani Vs. State (2003 (1) CTC 29), the learned Judicial Magistrate held that the rights accrued to the accused under Section 167(2) Cr.P.C., are not applicable since charge sheet was already filed, but returned for certain defects. Aggrieved over the said orders of the learned Magistrate, these revisions have been preferred.