Swapna Suresh, an accused in a case booked by the Enforcement Directorate (ED) under provisions of the Prevention of Money Laundering Act , was allowed default bail as the agency could not file the chargesheet within 60 days of arresting her.
She had earlier secured bail in a case booked by the Customs.
Her bail application in a case under the Unlawful Activities (Prevention) Act (UAPA), booked by the National Investigation Agency (NIA), will come up for hearing on October 15.
Thought the ED contended that she was not entitled to default bail, the Special Court concerned refused to accept the argument.
Upholding the right of the accused for default bail, Kauser Edappagath, Principal Sessions Judge, Ernakulam, held that it was an indefeasible right.
The petitioner had exercised her right on time and had satisfied all the requirements for obtaining default bail, the judge noted.
On the first day of the hearing of the bail application, her counsel Geo Paul orally submitted that he was seeking default bail. The objection filed by the ED to the bail application showed that it had also treated the application as one for default bail, the court noted.
Personal liberty, which deprived when bail is refused, is too precious. The court has to zealously guard the fundamental rights of personal liberty as guaranteed by the Constitution. The significance and sweep of Article 21 of the Constitution makes deprivation of liberty a matter of grave concern, the judge noted.
Personal liberty
Personal liberty of an accused or convict can be deprived only by procedure established by law.
The court has to see whether the deprivation of personal liberty has the sanction of procedure established by law, if there is legal justification for the detention, the judge noted.
The court owes a duty to the accused and is commanded by Article 21 of the Constitution and provisions of the Code of Criminal Procedure to release an accused on bail if he is prepared to and furnishes bail in a case where the investigation is not completed and final report not filed within the specified period, the order said.
