This is an application for regular bail filed under Section 439 of Cr.P.C. by the third accused in Crime No.112/2024 of the Nallalam Police Station, Kozhikode. The offences alleged against the petitioner are under Sections 377 r/w 34 of the Indian Penal Code and Sections 4 (2) r/w 3, 6(1), r/w 5(g), 8 r/w 7, 10 r/w 9(1), 12 r/w 11(iii) of Protection of Children from Sexual Offences Act .

2. The prosecution case is that: the petitioner along with other accused persons sexually assaulted the minor boy aged 14 years, son of the defacto complainant. The petitioner is in custody since 4.02.2024.

3. According to the learned counsel for the petitioner, since the final report has not been filed so far, the petitioner is entitled to get default bail under Section 167 (2) of Cr.P.C.

4. The learned Public Prosecutor submitted that though a final report was filed before the Special Court as early as on 31.3.2024, it was returned and that it was not yet re-submitted.

5. Since, the final report was not filed within a period of 90 days from the date of arrest on 4.2.2024, the petitioner is entitled to get default bail under Section 167 (2) of Cr.P.C. Considering the fact that the petitioner i