in this case. In fact, the deceased fainted from the fourth floor of her house and sustained injuries on his face and she only took the deceased along with her servant to the hospital. However, as a law abiding citizen, she surrendered before the Metropolitan Magistrate, Egmore, Chennai and she was remanded to judicial custody on 30.8.2014 and for the past eight months she is inside the prison. The investigating officer, on completion of investigation, has filed the final report on 24.11.2014. But, the same was returned by the learned Judicial Magistrate, Ambattur, Chennai on 26.11.2014 for want of chemical report. Though the final report was returned on 26.11.2014, the same was resubmitted along with chemical report only on 3.3.2015 i.e., beyond 90 days period from the date of remand. In the meantime, since the statutory period of 90 days was over, the learned Magistrate has granted bail to the accused under Section 167 (2) Cr.P.C. on 19.1.2015. Though bail was granted to the accused, she was not in a position to furnish sureties before the learned Magistrate since some of the local Advocates threatened the sureties when they went to the Court to furnish surety, since the deceased being an Advocate. Hence, she has filed the petition in Crl.O.P.No.6974 of 2015 to modify the conditions by permitting her to furnish her sureties before some other Magistrate Court as fixed by this Court, whereas according to the de facto complainant, the reason assigned by the learned Magistrate for granting bail to the accused under Section 167(2) Cr.P.C. itself is not legally sustainable. According to the learned counsel appearing for the de facto complainant, originally, the final report was filed on 24.11.2014 i.e., on the 84th day from the date of remand. But, the final report was returned by the learned Magistrate to resubmit the same along with chemical report. Since the final report was filed on 24.11.2014 itself, i.e., on the 84th day, the subsequent returning of the final report for want of chemical report cannot be taken into consideration to compute the statutory period. Therefore, the order of bail granted by the learned Magistrate under Section 167(2) Cr.P.C. is not legally sustainable.
