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K.MURALI SHANKAR
Kannan – Appellant
Versus
State represented by its the Deputy Superintendent of Police – Respondent
JUDGMENT
This Criminal Appeal is directed against the order passed in Cr.M.P.No.1103 of 2022, dated 04.07.2022, on the file of the Special Court for trial of SC/ST (POA) Act Cases, Virudhunagar District at Srivilliputtur dismissing the petition for bail under Section 167(2) Cr.P.C.,
2. The appellant is the sole accused in Cr.No.05 of 2022, for the offences under Sections 376(2)(n), 417, 506(i) I.P.C., and Sections 3(1)(w)(i), 3(2)(v) of SC/ST(POA) Act, 1989 on the file of the Inspector of Police, All Women Police Station, Virudhunagar, Virudhunagar District.
3. The case of the prosecution is that the prosecutrix/defacto complainant, who is the third respondent, belongs to Pallar Community and whereas the appellant/accused belongs to Veerakudi Vellalar Community, that the appellant is employed as a Constable in the Armed Reserve of Virudhunagar District, that the appellant got acquaintance with the prosecutrix through face book and the same developed into love affair, that the appellant by giving promise to marry her, moved closely with her and took her to his quarters at Virudhunagar and had sexual relationship with her, that when the victim asked the appellant to marry her, th
Bail Court while considering bail under Section 167(2) Cr.P.C., is having no power or jurisdiction to go into merits of case.
The main legal point established in the judgment is the accused's entitlement to statutory bail if the charge sheet is not filed within the specified period, emphasizing the importance of personal li....
The entitlement to statutory bail under Section 167(2) of Cr.P.C is based on the expiry of the stipulated period for filing the charge sheet and the accused's willingness to furnish bail, emphasizing....
The main legal point established in the judgment is that the right to default bail under Section 167(2)(a)(i) of the Cr.P.C. is extinguished if the accused fails to submit the bail bond before the ch....
Even an oral application would suffice the requirement of default bail.
The main legal point established in the judgment is that the right to default bail under section 167 of the CrPC is enforceable only prior to the filing of the charge-sheet and does not survive or re....
(1) Default bail – Period of 90 days is stated to be counted when investigation for fresh offence(s) is started and not from date of lodging of FIR.(2) Default bail – Right to seek default/statutory ....
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