Back
C. S. DIAS
Azharudheen – Appellant
Versus
State of Kerala, Represented by Public Prosecutor – Respondent
ORDER
Is an oral application sufficient to release an accused on statutory bail? Is the point posed for consideration in the bail application?
2. The application is filed under Section 439 of the Code of Criminal Procedure, 1973 by the third accused in Crime No.314/2023 registered by the Peechi Police Station, Thrissur, against four persons for allegedly committing the offence punishable under Section 20 (b) (ii) (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘Act’ for short). The petitioner was arrested on 26.05.2023.
3. The essence of the prosecution case is that, on 26.05.2023 around 12.30 a.m., acting on a secret information, the detecting officer intercepted the vehicle bearing Reg. No.KL-43/A-3874 and the accused were found travelling in the vehicle. In the search that was conducted, 49.300 kilograms of Ganja was seized from the vehicle. The accused were arrested on the spot for being in possession of and transporting the contraband article in contravention of the provisions of the Act. Thus, the accused have committed the above offence.
4. Heard Sri. Vivek Venugopal, learned counsel appearing for the petitioner and Smt. Seetha S., the learned Senior Public
Oral application is sufficient to release accused on statutory bail.
The main legal point established in the judgment is that an oral application can be sufficient to release an accused on statutory bail, and the failure to file the final report within the statutory t....
The right to default bail is indefeasible if the prosecution fails to file a chargesheet or extension application within the statutory period, and oral submissions during bail hearings suffice for cl....
The main legal point established is that the accused has an indefeasible right to default bail under Section 167(2) Cr.P.C., and the court must take prompt action to enforce this right, restricting t....
Article 21 demands a fair and reasonable procedure before curbing liberty of a person.
Point of law :Rejection of Bail - Only in the case when a charge-sheet is not filed and investigation is kept pending, the benefit of the proviso appended to sub-section (2) of S.167 of the Code woul....
(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 ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
