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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.NIRMAL KUMAR, J
Ramesh – Appellant
Versus
State, Rep. by, The Inspector of Police – Respondent
ORDER :
M.Nirmal Kumar, J.
This Criminal Revision Case has been filed by Ramesh [A2] in Crime No.236 of 2024, seeking to set aside the order passed by the learned Principal Special Judge under the EC and NDPS Act at Chennai, dated 19.09.2024, in Crl.M.P.No.9641 of 2024.
2. Since the issue under consideration pertains to the grant of relief under statutory bail, the relevant facts of the case alone discussed for consideration of the above prayer.
3. The contention of the learned counsel for the petitioner is that the petitioner filed a statutory bail petition in Crl.M.P.No.10086 of 2024 on 10.09.2024, i.e., on the 184th day, which was dismissed on 20.09.2024. The dismissal was based on the fact that the respondent had filed a petition in Crl.M.P.No.9641 of 2024 under Section 36-A (4) of the Narcotic Drugs and Psychotropic Substances Act, 1985 [hereinafter referred to as ''the NDPS Act''], and the time for investigation was extended on 19.09.2024 for a further period of 45 days, directing the investigation to be completed on or before 21.10.2024. Consequently, the statutory bail petition filed by the petitioner was dismissed. Since the proper procedures were not followed in granting exte
The accused's right to statutory bail under Section 167(2) of the Cr.P.C. is violated if the extension for investigation is not properly notified, infringing upon their rights under Article 21 of the....
The right to default bail under Section 167(2) is a constitutional guarantee that cannot be infringed by procedural lapses in extending investigation periods.
The accused has a constitutional right to default bail when statutory time limits for investigation are exceeded, and the absence of procedural safeguards in extension requests constitutes a violatio....
An accused has an indefeasible right to statutory bail if the investigation is not completed within the prescribed time, and procedural safeguards must be followed for extensions.
The right to default bail under Article 21 is a constitutional guarantee, requiring adherence to procedural safeguards when extending investigation periods.
The court emphasized that granting extensions for investigations must adhere to procedural safeguards to protect the accused's right to statutory bail under Article 21.
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 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 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 conditions for granting extension of time for investigation u....
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