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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.NIRMAL KUMAR
S.Kuppusamy – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. overview of case and relevant facts. (Para 1 , 2) |
| 2. arguments presented by petitioner regarding statutory bail. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 3. overview of statutory bail and related procedural context. (Para 12) |
| 4. court's observations on rights of the accused. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 5. conclusion ruling for grant of statutory bail. (Para 24) |
ORDER :
M. NIRMAL KUMAR, J.
The petitioner (A1) in Crime No.7 of 2024 has filed the present criminal revision case seeking to set aside the order dated 11.07.2024 passed in Crl.M.P.No.7237 of 2024, whereby, the learned Principal Special Judge under the EC and NDPS Act cases, Chennai, dismissed the petition filed by the petitioner (A1) and allowed Crl.M.P.No.7059 of 2024 filed by the prosecution, seeking extension period to complete investigation under Section 36 (A)(4) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the NDPS Act").
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 learned counsel for the petitioner co
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 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....
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 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 limitations on the Prosecutor's rights under Section 36-A(4) ....
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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