The High Court of Kerala granted bail to the accused, who was remanded over 90 days ago without the final report being filed. Relying on Section 167(2)(a)(i) Cr.P.C., the court held the applicant entitled to default bail and released him on security with conditions.
Release on bail executed a bond for Rs.50,000/- with two solvent sureties each for the like sum.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 6TH DAY OF JUNE 2018 / 16TH JYAISHTA, 1940
Bail Appl..No. 1769 of 2018
CRIME NO. 181/2018 OF PERINTHALMANNA POLICE STATION , MALAPPURAM
PETITIONER(S)/ACCUSED NO.1
FAHID S/O. BASHEER, AGED 21 YEARS, MADAMPARA HOUSE, ARAKKUPARAMBA P.O., PERINTHALMANNA, MALAPPURAM DISTRICT.
BY ADVS.SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN
RESPONDENT(S)/COMPLAINANT-STATE:
STATE OF KERALA REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. (INSTRUCTIONS THROUGH STATION HOUSE OFFICER, PERINTHALMANNA POLICE STATION, MALAPPURAM DISTRICT).
BY PUBLIC PROSECUTOR SRI.C.N.PRABHAKARAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06-06-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
IAP
RAJA VIJAYARAGHAVAN V, J.
B.A. No.1769 of 2018
Dated this the 6th day of June, 2018
ORDER
3.The learned counsel appearing for the applicant submitted that the applicant herein was remanded on 7.3.2018 and more than 90 days have elapsed. Till date, final report has not been laid after completing the investigation. According to the learned counsel, the applicant has an indefeasable right to be enlarged on statutory bail and prays for issuance of orders for his release.
B.A.No.1769 of 2018 2
till date. Section 167(2)(a)(i) of Cr.P.C. would squarely apply and the applicant herein is entitled to default bail.
6.In the result, this application will stand allowed. The applicant
shall be released on bail on his executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction. The above order shall be subject to the following conditions:
1).The applicant shall appear before the Investigating Officer on every Saturdays between 9 a.m. and 1 p.m., for a period of 3 months or till final report is filed, whichever is earlier.
2).The applicant shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence. He shall not make any attempt to contact the victim or her family members.
3). The applicant shall not commit any offence while he is on bail.
4).The applicant shall not leave India without the permission of the Court and if having passport, shall deposit the same before the Trial Court within a week; If release of the passport is required at a later period, the applicant shall be at liberty to move appropriate application before the Court having jurisdiction.
In case of violation of any of the above conditions, the
jurisdictional Court shall be empowered to consider the
B.A.No.1769 of 2018 3
application for cancellation, if any, and pass appropriate
orders in accordance with the law.
Sd/-
RAJA VIJAYARAGHAVAN V., JUDGE
IAP //True Copy\
P.A to Judge
2 issues framed by the court
Whether the accused is entitled to bail after more than 90 days have elapsed from the date of remand without the filing of the final report?
Whether Section 167(2) of the Code of Criminal Procedure applies to grant default bail in the present circumstances?
4 provisions across 3 enactments
Fahid S/o. Basheer
State of Kerala
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
