Back
G. R. SWAMINATHAN
S. Gurumoorthi – Appellant
Versus
State represented by The Sub Inspector of Police, Theppakulam Police Station – Respondent
ORDER :
(Prayer : To enlarge the petitioner/Accused on interim Bail in Crime No.264/2023 on the file of the respondent police.)
The Court made the following Order :-
Heard both sides.
2. The petitioner was arrested and remanded to judicial custody on 13.06.2023 for the offences under Sections 20(b)(ii)(C), 29(1) and 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 in Crime No.264 of 2023 on the file of the respondent police.
3. The petitioner's father passed away on 10.02.2024. The petitioner wanting to participate in the funeral rites seeks interim bail.
4. Considering the urgency of the situation, the Hon'ble Administrative Judge had directed me to hold special sitting and dispose of this petition.
5. The learned counsel appearing for the petitioner relies on the order dated 04.02.2024 made in Crl.O.P.(MD)No.1793 of 2024 and submits that in similar situation, interim bail was granted. I am not persuaded by the said submission.
6. As rightly pointed out by the learned Government Advocate (Crl.Side) appearing for the respondent, the Court while granting bail in cases involving commercial quantity will have to bear in mind the parameters laid down under Section 37 of
The court upheld the petitioner's fundamental rights to participate in the funeral rites of his father, invoking Section 37(1)(b)(ii) of the NDPS Act and Section 482 of the Code of Criminal Procedure....
(1) Disinterment of body of slain militant for the purpose of religious rituals – After a body has been buried, it is considered to be in custody of law – Disinterment is not a matter of right – Dist....
Involving disposal of dead bodies of Covid-19 victims after giving due consideration to various decisions of Hon-ble Supreme Court as well as other High Courts recognized the fundamental right of any....
The court has the discretion to grant temporary bail for attending specific events, considering the totality of the facts and circumstances of the case.
The judgment establishes the importance of sec. 21 of the MCOC Act, 1999 in restricting the grant of bail, while also recognizing the humanitarian considerations in certain cases.
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
