Back
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
R.VIJAYAKUMAR
Rahim – Appellant
Versus
State of Tamil Nadu – Respondent
| Table of Content |
|---|
| 1. facts of ndps arrest and 180-day bail timeline. (Para 2 , 3 , 4) |
| 2. arguments on defective charge sheet timing. (Para 5 , 7 , 8 , 9 , 10 , 11) |
| 3. remand date inclusion; incomplete e-filing rejected. (Para 13 , 14 , 15 , 17) |
| 4. wrong forum filing defective; same-day bail valid. (Para 18 , 19 , 20 , 21 , 22) |
| 5. ambiguity favours accused; petition granted. (Para 23 , 24 , 25) |
ORDER :
1. The present petition has been filed by the second accused in Crime No. 476 of 2025 on the file of the respondent police challenging the dismissal of his application filed under Section 187 (3) of BNSS seeking statutory bail.
(A) Facts leading to the filing of this petition are as follows:
2. The petitioner herein was implicated as the second accused in Crime No.476 of 2025 on the file of the respondent police on 11.06.2025 for the alleged offences under Section 8(c) read with Section 22(c) of Narcotic Drugs & Psychotropic Substances Act, 1985. The petitioner was arrested and remanded to judicial custody on 11.06.2025 itself.
3. As per Section 36-A(4) of NDPS Act, 1985 “90 days” occurring under Section 167(2) Cr.P.C shall be construed as reference to “180 days”. As per Section 167(2) Cr.P.C, m
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 right to default bail under Section 167(2) is indefeasible and cannot be circumvented by the filing of a charge-sheet after the statutory period.
(1) Inordinate delay in placing order of sanction before Special Court cannot be a ground to pray for statutory/default bail under provisions of Section 167(2) of Cr.P.C.(2) Default bail – Right to b....
(1) Default bail – An incomplete charge-sheet filed without completing investigation cannot be used to defeat right of statutory bail under Section 167(2) of Cr.P.C.(2) Default bail – Investigative a....
Filing of a charge-sheet within the statutory period extinguishes the right to default bail, as established under Section 167(2) of the Code of Criminal Procedure.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
