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P. N. PRAKASH, N. ANAND VENKATESH
Mir Anas Ali – Appellant
Versus
State rep. by The Inspector of Police, Ambur Town Police Station, Thirupathur District – Respondent
JUDGMENT :
[N. Anand Venkatesh, J.]
(Criminal Appeal filed under Section 21(1) of the National Investigation Agency, Act, 2008, to set aside the order dated 16.11.2022 passed by the Additional District Munsif-cum-Judicial Magistrate, Ambur, in Crl.M.P.No.4096 of 2022.)
1. This Criminal Appeal has been filed to set aside the order dated 16.11.2022 passed by the Additional District Munsif-cum-Judicial Magistrate, Ambur, in Crl..M.P.No.4096 of 2022.
2. The minimum facts that are required to decide this criminal appeal are as under :
2.1. Based on a complaint given by one Thangavel, Special Sub-Inspector of Police, Ambur Town Police Station, a case in Ambur Town P.S. Crime No.193 of 2022 was registered on 30.07.2022 for the offences under Sections 121, 122 and 125 IPC and Sections 18, 18-A, 20, 38 and 39 of the Unlawful Activities (Prevention) Act, 1967 (in short “the UAP Act”) by the Deputy Superintendent of Police, Ambur Sub-Division.
2.2. The complaint discloses that during discreet enquiries conducted by the special branch, an information was received that one Mir Anas Ali (appellant herein), S/o.Mir Hidayath Ali, had joined Islamic State of Iraq and Syria (ISIS) and was propagating its
The right to default bail under Section 167(2) accrues upon non-filing of the charge-sheet within the stipulated time, and cannot be extinguished by subsequent extensions or filings.
The right to default bail under Section 167(2) Cr.P.C. is extinguished once a charge-sheet is filed; extensions beyond 90 days must follow proper procedures and be conducted by appropriate judicial a....
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 NDPS Act, and this right should not be denied due to delays or the ....
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....
The main legal point established in the judgment is the accused's indefeasible right to default bail under Section 167(2) Cr.P.C. and the prosecutor's obligations in seeking extension of time under S....
The accused's right to default bail under Section 167(2) Cr.P.C. remains enforceable, and the court must promptly decide on bail applications to prevent the prosecution from circumventing this right.
The main legal point established in the judgment is the accused's indefeasible right to default bail under Section 167(2) Cr.P.C. and the obligations of the concerned Magistrate to promptly consider ....
The main legal point established in the judgment is the accused's indefeasible right to default bail under Section 167(2) Cr.P.C. and the conditions for granting extension of time for investigation u....
The main legal point established in the judgment is the accused's indefeasible right to default bail under Section 167(2) Cr.P.C. and the limitations on the Prosecutor's rights under Section 36-A(4) ....
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