Back
M. NIRMAL KUMAR
R. Henry Paul – Appellant
Versus
State of Tamil Nadu – Respondent
ORDER
Prayer: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the Sessions Judge, Special Court for Exclusive Trial under POCSO Act, Chennai, to receive the application filed under Section 167(2) of Cr.P.C., in Crl.M.P.SR.No. 337 of 2021 and entertain the same and release the petitioner on default bail in Crime No. 6 of 2021 on the file of the respondent Police.
1. This petition has been filed to direct the Sessions Judge Special Court for Exclusive Trial under POCSO Act, Chennai, to receive the application filed under Section 167(2) of Cr.P.C., in Crl.M.P.SR.No. 337 of 2021 and entertain the same and release the petitioner on default bail in Crime No. 6 of 2021 on the file of the respondent Police.
2. The petitioner/A2 in Crime No. 6 of 2021, which was registered for the offence under Sections 10 r/w 9(1) (m) (n) and Section 17 of POCSO Act and Section 506(ii) of IPC based on the complaint dated 12.04.2021. The petitioner was arrested on 23.04.2021 and remanded to Judicial Custody on 24.04.2021.
3. The gist of the complaint is tha
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....
Point of Law : Applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the cour....
Application u/s 167(2) Cr.P.C. must be disposed of promptly and such application should not be treated as a regular bail application.
(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 ....
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.
Point of Law : Under subsection (4) of Section 20 TADA read with Section 167 of the Code and the Designated Court shall release him on bail, if the accused seeks to be so released and furnishes the r....
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 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....
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
