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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.NIRMAL KUMAR, J
Banshilal – Appellant
Versus
State By: Station House Officer – Respondent
ORDER :
This Criminal Revision Case is filed to set aside the order passed by the learned Chief Judicial Magistrate, Kallakurichi in Crl.M.P.No.199 of 2025 dated 31.01.2025 in RC.4(S)/2025 now pending on the file of the Superintendent of Police, CBI/STB/Chennai and enlarge the petitioner on bail.
2. The petitioner/accused filed a bail application under Section 167(2) Cr.P.C. before the learned Chief Judicial Magistrate, Kallakurichi in Crl.M.P.No.199 of 2025 which was dismissed on 31.01.2025 for the reason that pursuant to the orders passed by this Court on 20.11.2024 confirmed by the Apex Court by order dated 17.12.2024, Crime No.3 of 2024 registered by CBCID, Villupuram has been transferred to CBI and re-registered as RC 4(S)/2025 on 25.01.2025. Since the learned Chief Judicial Magistrate, Kallakurichi has now become functus officio and ceased of the matter, the petition was dismissed. Following the same, the petitioner filed a Statutory bail petition before the learned Chief Judicial Magistrate, Chengalpattu, who had returned the petition on 04.03.2025, which reads as follows:
1) This petitioner/accused has already been filed a petition before the Chief Judicial Magistrate, Kallaku
The right to statutory bail under Section 167(2) Cr.P.C. cannot be denied on technical grounds when the accused has been in custody beyond the statutory period without a charge sheet.
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 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 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) ....
The procedural safeguards play an important role in protecting the liberty guaranteed by Article 21, and failure to adhere to these safeguards can result in a violation of the accused's rights under ....
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