A bench comprising justices S Munshi and S Dasgupta said that if Kumar is arrested in connection with the case, he will have to be released on bail by an appropriate court on two sureties of Rs 50,000 each.
The agency's lawyer made the submissions before a division bench, which is hearing the proceedings 'in-camera'.
The agency claimed that the senior IPS officer has failed to appear before it for assisting in the chit fund scam probe despite notices being sent to him on multiple occasions.
A bench headed by Chief Justice Ranjan Gogoi asked the CBI to act in accordance with law in the case.
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