Accused Entitled To Default Bail If Final Report E-Filed After 5 PM On Last Day Of Prescribed Statutory Period: Kerala High Court
The Kerala High Court recently held that an accused would be entitled to default bail if the final report was e-filed by the police after 5 p.m. on the last day of the statutory period prescribed.
The Court's reasoning was that since as per Electronic Filing Rules for Courts (Kerala), 2021, e-filings made after 5 pm are deemed to have been instituted on the next working day, the final report would be deemed to have been filed on the day after the statutory period.
Dr. Justice Kauser Edappagath was considering the bail application preferred by two persons accused of offences under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, which is punishable by a maximum of 10 years' imprisonment.
The petitioners contended that they were entitled to bail since the final report was filed beyond the statutory period since it was e-filed at 6:02 pm on the 60th day.
The Court referred to the Electronic Filing Rules and the Criminal Rules of Practice, Kerala and held:
“A conjoint reading of Rules 13(1) and 13(2) of the Electronic Filing Rules with Rules 4 and 5 of the Criminal Rules of Practice makes it evident that, for the purpose of computing limitation, electronic filings received up to 5:00 p.m. shall be treated as instituted on that day. While a party may electronically file an Action even after 5:00 p.m., such filing shall, for the purpose of limitation, be deemed to have been instituted only on the next working day… Consequently, for the purpose of computing limitation, the filing falls beyond the statutory period of sixty days from the date of remand of the applicants. The applicants are, therefore, entitled to statutory bail.”
The prosecution allegation is that the petitioners and another accused was found in possession of 4.22 gm of MDMA kept for personal use and sale at a building in violation the NDPS Act. They were arrest on 30/12/2025 and final report was electronically filed on 28/02/2026. Its physical copy was forwarded to the trial court on 02/03/2026.
The petitioners pointed out that the statutory limitation period for e-filing final report must be computed as per Section 187(3)(ii) BNSS and Rule 13 of the 2021 Rules.
The senior prosecutor contended that since the offence is punishable with imprisonment which may extend to 10 years, the statutory period for filing final report is 90 days, not 60 days. It was pointed out that Section 187(3)(i) BNSS uses the words 'imprisonment for a term of ten years or more' whereas its corresponding provision in the CrPC had the words 'imprisonment for a term of ten years or more' and the legislature intended to make a change with the new enactment.
The Court referred to afore provisions as well as the decisions in Rakesh Kumar Paul v. State of Assam, Mohammed Sajjid v State of Kerala, and State of Karnataka by Kavoor Police Station v. Kalandar Shafi.
The Court then interpreted the intent behind the distinction in the statutory periods prescribed:
“The distinction between the sixty-day and ninety-day timeframes arises from the recognition that graver offences necessitate a more comprehensive investigation. A longer period enables the investigating agency to gather adequate evidence without the undue pressure of rigid deadlines. Conversely, offences punishable with imprisonment up to ten years are presumed to involve comparatively simpler inquiries, warranting a shorter period for filing the charge-sheet. This classification seeks to balance the liberty of the accused with the State's interest in effective law enforcement—ensuring that detention is not prolonged unnecessarily, while allowing sufficient time for investigation in serious cases.”
The Court also clarified the position of law:
“In substance, therefore, proviso (a)(i) to Section 167(2) Cr.P.C and Section 187(3)(i) BNSS are aligned, with only minor changes in phraseology. The sixty-day and ninety-day framework remains intact, reflecting legislative adherence to the same rationale. The principle that default bail is linked to the seriousness of the offence stands unchanged…The conclusion that emerges is that the ninety-day benchmark for default bail applies only where the offence carries: (a) the death penalty, (b) imprisonment for life, or (c) a minimum sentence of ten years. The offences punishable with imprisonment that may extend up to ten years, but without a minimum threshold, fall within the sixty-day category.”
Since in the present case, Section 22(b) of the NDPS Act is punishable by a maximum punishment of ten years with fine without a minimum term, the Court was of the view that statutory right to bail accrues when final report is not filed within 60 days from custody. Moreover, as the final report was filed after 5 pm on the 60th day of custody, the same can only be considered to have been filed on the next day as per the Filing Rules.
Thus, the Court was of the opinion that the petitioners are entitled to statutory bail. It allowed the plea and granted bail on conditions.
Case No: Bail Appl. No. 1503 of 2026
Case Title: Aboobacker Siddique and Anr. v. State of Kerala and Anr.
Citation: 2026 LiveLaw (Ker) 301
Counsel for the petitioners: K.K. Dheerendrakrishnan, R. Anas Muhammed Shamnad, Saleek C.A., C.C. Anoop, T.U. Sujith Kumar, Sarun Rajan, Hamdan Mansoor K., P.Sreekumar (Sr.)
Counsel for the respondents: M.C. Ashi – Sr. Public Prosecutor