Important points:
The defects were rather minor and the court below had omitted to immediately return back the final report for curing of defects and if the investigating agency has been able to cure the defects and represent the same immediately on its return, etc., then the omission on the part of the court to return back the final report for curing of defects, cannot be the basis for claim of default bail.Important points:
The defects were rather minor and the court below had omitted to immediately return back the final report for curing of defects and if the investigating agency has been able to cure the defects and represent the same immediately on its return, etc., then the omission on the part of the court to return back the final report for curing of defects, cannot be the basis for claim of default bail.

ORDER :

The prayer in the afore captioned Criminal Miscellaneous Case filed under Section 482 of the Code of Criminal Procedure (Cr.P.C.), is as follows :-

"…......to quash Annexure-C order dated 29.07.2020 in Crl.M.C. No.452/2020 in Crime No.186/2020 of Ambalavayal Police Station of the Special Court for Trial of offences under PoCSO Act and Children’s Court (Additional Sessions Court-I) Kalpetta, granting bail to the respondent in this case, in the interest of justice.”

2. Heard Sri.Suman Chakravarthy, learned Public Prosecutor, appearing for the petitioner-State of Kerala and Sri.A.V.James, learned Advocate appearing for the respondent/accused.

3. The aforecaptioned petition has been filed by the State of Kerala to challenge the impugned Annexure-C order dated 29.07.2020, rendered by the First Additional Sessions Court (notified to deal with PoCSO cases), Kalpetta, on Crl.M.C. No.452/2020, whereby default bail has been granted to the accused (respondent herein) for his involvement in Crime No.186/2020 of Ambalavayal Police Station.

4. The respondent herein has been arrayed as the sole accused in the instant Crime No.186/2020 of Ambalavayal Police Station, which has been registered for offences punishable under Section 376 AB of the IPC, Sections 5(k) & 5(m) read with Section 6 of the Protection of Children from Sexual Offences (PoCSO) Act, 2012 and Sections 3(I)(w)(i) & (ii), Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2005.

5. The gist of the prosecution case in the abovesaid crime is to the effect that the respondent/accused does not belong to Scheduled Caste community and that the victim in this case is a minor girl aged 10 years, who belongs to Scheduled Caste community and who is suffering from mental and physical disabilities. The allegations are to the effect that the petitioner, who is aged 34 years, fully aware that the minor victim girl aged 10 years belongs to Scheduled Caste community and is suffering from mental and physical disabilities, had committed the abovesaid offences of penetrative sexual assault on her on 10.04.2020 between 3 pm. and 4.30 pm. and that he had committed the abovesaid offence after trespassing into the Scheduled Caste colony, where the minor victim girl and her family are residents, etc. and thereby the petitioner has committed the abovesaid offences.

6. The respondent/accused was arrested in this case on 11.04.2020 and was remanded on 12.04.2020 for his involvement in the abovesaid crime. Thereafter, the respondent/accused has preferred the abovesaid Crl.M.C. No.452/2020, as an application under Section 439 of the Cr.P.C., seeking for grant of regular bail and consequential reliefs. The Sessions Court concerned had treated the said application filed under Section 439 of the Cr.P.C. for grant of regular bail, as a plea for default bail as envisaged in the second proviso to Section 167(2) of the Cr.P.C. and has noted that as the said bail application has been filed on 17.07.2020 and as the final report has been filed by the investigating agency only on 21.07.2020, the petitioner has secured the indefeasible right to be released on statutory default bail going by the mandatory provisions contained in the second proviso to Section 167(2) of the Cr.P.C. The said order has been granted in favour of the respondent/accused as per Annexure-C dated 29.07.2020. It is this proceedings at Annexure-C that has been challenged by the State of Kerala, in this proceedings under Section 482 of the Cr.P.C.

7. The main contentions urged by the petitioner-State of Kerala are as follows: That the petitioner/accused has been remanded on 12.04.2020 and the default bail period in the present case involving the aforesaid offences is 90 days from the date of the remand. That the investigation in this case has been duly completed by the police and the final report/charge sheet was filed by the investigating agency before the abovesaid special court concerned on 08.07.2020 as