JUDGMENT

R. Basant, J. —Is an accused person, who was granted default bail under the proviso (a) to Section 167(2), Criminal Procedure Code, which bail was cancelled later under Section 439(2), Criminal Procedure Code entitled to invoke the proviso to Section 167(2), Criminal Procedure Code again later? Will the fact that the final report was not filed within 60/90 days from the date of the remand after first arrest or the date of subsequent arrest on cancellation of bail entitle him for such default bail again? These interesting questions are raised in this application filed by the petitioner, who faces allegations for offences punishable, inter alia under Section 120B and 302 read with 149 IPC.

2. To the crucial and vital facts first. The petitioner is one of the 11 accused persons, who have by now been arrayed as accused in the case. He is the 11th accused. The alleged incident took place on 26.7.2005. The crux of the allegations is that accused 1 and 2 entertained business rivalry against the deceased, one Thilakan. They were all engaged in single digit lottery business. Accused 1 to 7 allegedly conspired to do away with the said Thilakan. Accused 8 to 11 subsequently joined as