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IN THE HIGH COURT OF JUDICATURE AT MADRAS
SUNDER MOHAN
Mohamed Asaruthin – Appellant
Versus
State of Tamil Nadu – Respondent
| Table of Content |
|---|
| 1. consolidated hearings for similar revision cases. (Para 1 , 2) |
| 2. arguments regarding statutory bail and extension applications. (Para 3 , 4 , 5 , 6) |
| 3. key questions on statutory bail rights. (Para 7) |
| 4. relevance of case-specific facts for legal decision. (Para 8 , 9) |
| 5. judicial precedence regarding extension applications and bail. (Para 10 , 11 , 12) |
| 6. contrasting views among judges on default bail. (Para 13 , 14 , 15 , 16 , 17) |
| 7. extinguishment of right to bail upon extension application. (Para 18 , 19 , 20) |
| 8. directive on timely consideration of extension applications. (Para 21 , 22 , 23) |
| 9. procedural requirements for extension applications. (Para 24 , 25 , 26) |
| 10. clarification on counter applications in extension cases. (Para 27 , 28) |
| 11. violation of statutory bail rights due to procedural lapses. (Para 29) |
| 12. rejection of extension based on insufficient grounds. (Para 30 , 31 , 32) |
| 13. conditions for bail granted to petitioners. (Para 33) |
| 14. final observations and acknowledgments by the court. (Para 34 , 35) |
ORDER :
SUNDER MOHAN, J.
Since the issues involved in all the revisions are substantially the same, all the revisions are taken up and a common order is pass
The court affirmed that the right to statutory bail accrues upon the expiration of the statutory period unless a valid extension application is pending, necessitating simultaneous consideration of bo....
Article 21 demands a fair and reasonable procedure before curbing liberty of a person.
Default bail – While considering application by Investigating Agency for extension of time for completing investigation beyond period prescribed under Section 167(2) of Cr.P.C. accused is to be given....
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 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'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 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....
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 obligations of the concerned Magistrate to promptly consider ....
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