TRS MLAs Poaching Case : Supreme Court Issues Notice To Telangana Govt On Plea Of Accused Against Arrest

The Supreme on Friday issued notice on the petition filed by three persons who were directed by the Telangana High Court to surrender before police in relation to the alleged TRS MLAs poaching case.  

A bench comprising of Justices B. R. Gavai and B. V. Nagarathna sought response from the State of Telangana on the plea filed by Ramachandra Bharti, Kore Nandu Kumar and D. P. S. K. V. N. Simhayaji and listed the matter next on November 7. The Court also asked the trial court to consider their bail applications on merits in the meantime.

The bench heard the plea filed assailing the order of the High Court of Telangana dated 29th October 2022, whereby the High Court directed the petitioners to surrender before the Commissioner of police, Cyberabad Commissionerate.

The plea before the Supreme Court alleged that the impugned order of the High Court is liable to be set aside because the complaint is politically motivated and is an attempt to tarnish the image of the BJP. 

It has also been contended in the petition that the order is against the principles laid down in Arnesh Kumar judgment and the order given by the High Court is an unreasoned. It was further stated that the procedure laid down in the Code of Criminal Procedure under Section 41 A has not been complied with.

Thus, it was prayed before the top court to pass an ad interim ex parte stay on the advance order of the High Court dated 29th October.  

The three accused were arrested by the Cyberabad Police for allegedly attempting to solicit four TRS MLAs with large sums of money. The first Additional Special Judge for SPE and ACB cases at Hyderabad had rejected the remand application filed by the the Asst. Commissionerate of Police, Rajendranagar Division, Cyberabad Commissionerate. The High Court set aside the order of the trial court and directed the petitioners to surrender.

Case Title: Ramachandra Bharathi @ Sathish Sharma V.K. & Others vs State of Telangana - SLP (Crl) No. 10356/2022

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