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N. ANAND VENKATESH
Varun, S/o. Babu – Appellant
Versus
State, Rep. by the Inspector of Police, Sulur Police Station, Crime No. 330 of 2023 – Respondent
ORDER :
N. Anand Venkatesh, J.
This petition has been filed challenging the written endorsement of the Court below dated 15.11.2023 wherein the statutory bail petition filed by the petitioner was returned on the ground that the charge sheet has already been filed by the respondent.
2. When the matter came up for hearing on 29.01.2024, this Court passed the following order :-
The learned counsel for the petitioners submitted that the petitioners were arrested and remanded to judicial custody on 18.05.2023. The 118th day expired on the mid night of 13.11.2023. The petitioners filed the statutory bail on 15.11.2023 at 10.30 a.m. However, this application has been returned by the Court below through the impugned endorsement dated 15.11.2023 on the ground that charge sheet has already been filed.
2. The learned Additional Public Prosecutor appearing on behalf of respondent submitted that the final report was filed on 13.11.2023 at 11.24 a.m. and it was taken on file and numbered as C.C.No.96 of 2023 on 15.11.2023. Therefore, it was contended that the petitioners are not entitled for statutory bail
The court established that the date of e-filing is the relevant date for determining the filing of a charge sheet under Section 167(2) of the CrPC, reinforcing the principle that personal liberty mus....
The detention period for statutory bail is computed from the date of remand authorized by the Magistrate, not from the date of arrest.
Defective charge sheet filing beyond 180 days or to wrong court entitles accused to statutory bail under NDPS Act.
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 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 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 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 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 ....
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