IMPORTANT POINT
If the petitioner accused makes application for grant of regular bail under S.439 of the Cr.P.C. before the Sessions Court concerned, the said Court will consider the said plea on merits after affording opportunity of being heard on both sides so as to take a considered decision thereof without much delay preferably within a period of 10 days from the date of filing of such application.

ORDER :

As per the impugned Anx.C order dated 21.6.2019 rendered by jurisdictional Magistrate Court concerned as affirmed by the impugned Anx.F order passed by the revisional Sessions Court concerned, it has been ordered that the respondent herein (accused) should be released on statutory default bail as the final report/charge sheet filed by the Investigating Agency on the 89th day from the date of remand of the accused was defective, and that the respondent accused has filed the bail application before the curing of defects of the final report/charge sheet, and that therefore the respondent accused has secured indefeasible right to be released on statutory default bail by virtue of operation of proviso to S.167(2) of the Cr.P.C.

2. The State of Kerala represented by the Investigating Agency/Prosecution Agency concerned has filed the afore captioned petition under S.482 of the Cr.P.C., seeking quashment of the above impugned orders. The respondent herein is the accused in Crime No.549/2019 of Thiruvalla Police Station, which has been registered for offences punishable under S.302 of the I.P.C. The brief of the prosecution case is that, on 11.3.2019 at about 9.15 a.m., the accused got annoyed when the lady victim aged 19 years refused to have an affair with him, and then he had poured kerosene over her and set her ablaze on a public road at Chilanka Junction, Thiruvalla, and thereby he has committed the abovesaid offence of S.302 of the I.P.C. The accused has been arrested on 11.3.2019 at about 3 p.m. and he was produced before the jurisdictional Magistrate Court concerned on 12.3.2019, and he was thereupon remanded to custody on the said day.

3. In the instant case, the Investigating Agency has filed the final report/charge sheet before the jurisdictional Magistrate Court concerned on 11.6.2019, i.e., on the 89th day from 12.3.2019 (the day on which the accused has been remanded). It appears that the Magistrate Court has not immediately verified whether the said final report is free from substantive defects. Thereafter the accused has filed Anx.B Application dated 20.6.2019 before the jurisdictional Magistrate Court concerned seeking bail and the said application is styled to be one filed under Ss.437 & 439 of the Cr.P.C. and Anx.B application has been filed before the Magistrate Court on 20.6.2019. It further appears that, the Magistrate Court has returned the final report/charge sheet to the Investigating Agency on 21.6.2019 for curing of the defects noted therein. Further the learned Magistrate has treated the abovesaid Anx.B application though stated to be one filed under S.437 of the Cr.P.C. as one under S.167(2) of the Cr.P.C.

4. After hearing both sides, the learned Magistrate has passed the impugned Anx.C order dated 21.6.2019 ordering that the petitioner is entitled for grant of statutory default bail in terms of the provisions contained in the proviso to S.167(2) of the Cr.P.C. on the ground that the final report filed by the Investigating Officer is defective, and hence an incomplete report, and has been returned to the Investigating Officer for curing of defects. The main premise on the basis of which the learned Magistrate has granted statutory default bail as per the impugned Anx.C order appears to be that, as on the date of filing of Anx.B Bail Application on 20.6.2019, there was only an incomplete/defective final report and therefore it cannot be said that defect free final report and complete final report has not been filed before the accused has made his default bail plea on 20.6.2019, and that therefore the accused has secured the indefeasible right to be released on statutory default bail, as per the abovesaid provisions under S.167(2) of the Cr.P.C.

5. The State has challenged Anx.C order by filing Criminal Revision Petition No.4/2019 before the Sessions Court, Pathanamthitta. The revisional Sessions Court, as per the impugned Anx.F order dated 8.7.2019 has affirmed the correctness of impugned Anx.C order pass