MADAPURAM YOGESWARA NAIDU Vs. STATE OF A P

JUDGEMENT

(1.) Heard Sri C. Padmanabha Reddy, learned Senior Counsel appearing for the petitioners and Sri C. Nageswara Rao, learned Public Prosecutor.

(2.) The petitioners herein are A-5 to A-16. They are seeking regular bail. All the petitioners except A-16 are injudicial custody since last week of May 2008 and A-16 is in judicial custody since first week of June 2008 i.e., nearly for about 1 years. It is also not in dispute that the charge sheet has been filed in this case on 19-8-2008. The petitioners herein and others earlier approached this Court and filed a bail petition in Criminal Petition No. 2948 of 2009, and this Court, by order dated 6-5-2009, dismissed the said petition. However, the petitioners in that petition i.e., A-1 and A-4 are not the petitioners herein. Subsequently, they have filed another bail petition in Criminal Petition No. 3913 of 2009, and this Court, by order dated 6-5-2009, dismissed the said petition. However, the petitioners in that petition i.e., A-1 and A-4 are not the petitioners herein. Subsequently, they have filed another bail petition in Criminal Petition No. 3913 of 2009 and the said petition was also dismissed on 10-12-2009. This Court, while dismissing the petition in Crl.P.No. 2948 of 2009 on 6-5-2009 directed the learned Sessions Judge to complete the trial within a period of three months from the date of said order and if necessary by giving day to day postings. It was also observed that if any accused are absconding the case against such persons should be separated and trial against the accused who are available should be completed as early as possible. In spite of giving specific direction by this Court as long as on 6-5-2009, it is most unfortunate that till today the trial is not yet commenced. It appears from the arguments of Sri C. Padmanabha Reddy, learned Senior Counsel for the petitioners and Sri C. Nageswara Rao, learned Public Prosecutor, that even charges have not been framed against the accused on the ground of absence of one or two accused on each date of their appearance before the learned Sessions Judge.

(3.) Sri C. Padmanabha Reddy, learned Senior Counsel for the petitioners, submits that as far as the present petitioners are concerned, the allegation against them is that they hurled bombs. His submission is that omnibus allegations have been made against all the accused as if they hurled country made bombs and caused injuries to the deceased. It is also his submission that though the other accused persons have been enlarged on bail no untoward incident has been reported. It is also his submission that most of the petitioners are agricultural labourers and they are the earning members of their family and since they have been in judicial custody since more than 1 years their families are put to trouble. It is also his submission that the petitioners will abide by any of the conditions to be imposed by this Court.