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2019 Supreme(Ker) 1071

ALEXANDER THOMAS
State of Kerala – Appellant
Versus
Ajin Reji Mathew – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.SUMAN CHAKRAVARTHY,
For the Respondent: ADVS. M/S. B.ASHOK SHENOY, K.V.GEORGE, P.N.RAJAGOPALAN NAIR, P.S.GIREESH, SRI.RIYAL DEVASSY

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 go

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