Delay In Re-Submitting Final Report After Curing Formal Defects Not Ground For Default Bail: Kerala High Court
The Kerala High Court has held that default bail cannot be granted merely because there was delay in re-submitting the final report, which was submitted within the statutory period and returned only for curing formal defects. [2026 LiveLaw (Ker) 521]
Dr. Justice Kauser Edappagath reasoned:
“Where a final report is returned only for curing formal defects, the permission granted is to rectify such defects. Once cured and re- presented without any further investigation, the re-submission relates back to the original date of filing. It is immaterial whether the defect is cured within the period granted by the Court. Accordingly, I hold that where the final report is filed within the statutory period under Section 187 of the BNSS, and returned only for formal defects, its re-submission after curing such defects must be treated as within time, even if effected after expiry of the statutory period.”
The Court was considering a bail application preferred by the sole accused in an NDPS case, who was found to be in possession of 11.78 grams of Methamphetamine. On his behalf, it was argued that there were violations of statutory provisions with respect to search, arrest and seizure.
He claimed that he was entitled to bail since the final report in the case was not filed within the statutory period of 60 days. According to him, he was arrested on 08.06.2026 but the final report, initially filed on 21.07.2026, was returned as defective and it was re-submitted after curing defects only on 17.08.2026, 2 weeks after the time granted.
After hearing the parties, the Court referred to Vimal K. Mohanan v. State of Kerala [2023 LiveLaw (Ker) 110] and observed:
“It is well-settled that the criterion for determining entitlement to default bail is the completion of investigation, not merely the filing of the final report. The expression 'final report' does not find mention in Section 167(2) of the Cr.P.C. or Section 187(2) of the BNSS. Thus, where the final report evidences completion of investigation in all respects, minor defects therein, by themselves, do not confer upon the accused a right to default bail. Conversely, if a report is filed without completing the investigation, in an attempt to circumvent the mandate of Section 187(2) BNSS (167(2) Cr.P.C.), and is returned for further investigation, the accused would be entitled to demand release on default bail if the completed final report is not re-submitted within the statutory period.”
Adverting to the facts of the case, the Court noted that the final report was filed within the statutory period but was returned only because certain unconnected documents was included in the same.
Also placing reliance on Apex Court's decisions in Central Bureau of Investigation v. Kapil Wadhawan ,Narendra Kumar Amin v. Central Bureau of Investigation and Others and Shaurya Sunil Kumar Singh v. Central Bureau of Investigation, the Court felt that statutory bail cannot be granted.
Thus, it dismissed the plea.
Case No: B.A. No. 4931/2026
Case Title: Sagesh v. State of Kerala
Citation: 2026 LiveLaw (Ker) 521
Counsel for the petitioner: M. Devesh, M. Anuroop, Murshid Ali M., Jyothis Mary, S.K. Sreelakshmy
Counsel for the respondent: Thomas Sabu Vadakekut - Public Prosecutor