Accused Cannot Get Default Bail If A Chargesheet Originally Filed Within Time Is Re-Presented After The Defects Are Cured: Kerala High Court

A Bench comprising of Justice Ashok Menon observed to the effect while disposing of a bail application filed by one Saharath VP, an accused in a narcotics case.

The applicant sought default bail under Section 167 of the Code of Criminal Procedure on the ground that the chargesheet, originally filed within the statutory limits, was re-presented after the time period. The jurisdictional court had returned the chargesheet as the copy of the drug disposal committee was not seen handed over to the accused. This was subsequently rectified.

The Court held,

"In the case on hand, the chargesheet was returned as defective. It implies permission to cure defects. The defects were cured and the charge-sheet was re-presented. It cannot be said that the proviso to Section 167(2) Cr.PC would get attracted, and the accused to get default bail if the charge - sheet is re-presented, after curing the defects, beyond the period in the said proviso, when the charge-sheet was originally filed within time."

On these, and other grounds, the petition was dismissed.

The jurisdictional court was directed to hasten the disposal of the trial.

CASE: Saharath VP v. State of Kerala

COUNSEL: Advocate PV Anoop for the applicant, PP Santhosh Peter for the state.

Click here to download the order