Accused can exercise his right to apply for default bail on whole day, on which, indefeasible right to apply statutory bail accrues to him: Madras HC

Read Judgment: K.muthuirul vs. The Inspector of Police

Pankaj Bajpai

Chennai, January 3, 2022: The Madras High Court (Madurai Bench) has opined that the accused can exercise his right to apply the default bail on the whole day, on which, the indefeasible right to apply the statutory bail accrues to him. 

Since K.muthuirul (Petitioner) has availed of his indefeasible right to bail on October 18, 2021 and offered to abide by the terms and conditions to be imposed, the subsequent filing of the charge sheet does not disentitle the petitioner from claiming the default bail, added the Court.

The Single Judge Murali Shankar observed that Section 10 of the General Clauses Act cannot be invoked by the investigating agency for laying the final report, after the expiry of the prescribed period.

The observation came pursuant to a petition challenging the order of the Principal Sessions Judge for EC and NDPS Act cases, Madurai, dismissing the petition filed u/s 167(2) of Code of Civil Procedure, seeking statutory bail.

Going by the background of the case, Inspector of Police (Respondent) had registered a case against petitioner for allegedly possessing of 22 kgs of Ganga, u/s 8(c) r/w 20(b) (ii) (c) of NDPS Act. Accordingly, the petitioner was arrested and was remanded to judicial custody. Thus, the petitioner filed a petition u/s 167(2) CrPC, seeking default bail alleging that the respondent police failed to file the charge sheet within a period of 180 days envisaged u/s 36(A) of NDPS Act. The Trial Court however dismissed the petition.

After considering the submissions, Justice Shankar noted that the accused is entitled to file his application for default bail only after the expiry of 60 days or 90 days or 180 days as the case may be and that his right to avail the statutory bail accures only on the next day as the case may be, but the investigating agency has to file the charge sheet before the expiry of 60 days, 90 days or 180 days as the case may be, if they require the detention of the accused beyond the prescribed period of 60 or 90 or 180 days.

If the charge sheet is filed even prior to the filing of the bail petition on the same day, the said filing of the charge sheet will not defeat the right already accrued to the accused, added the Single Judge. 

The High Court noted that the Code of Criminal Procedure does not prescribe any particular period for laying the charge sheet and the Section 167(2) of CrPC does not prescribe any period of limitation even by implication. 

The investigating agency is certainly entitled to file the charge sheet, even after expiry of 60 or 90 or 180 days, as the case may be, but they will not have any right to seek extension of remand beyond the period prescribed u/s 167(2) CrPC, added the Court.

The High Court therefore set aside the order passed by the Principal Sessions Judge and ordered the petitioner to be released on bail on his executing a bond for a sum of Rs.25,000/- with two sureties each for a like sum to the satisfaction of the Principal Sessions Judge for EC and NDPS Act cases, Madurai.