An accused has an indefeasible right to be released on bail under Section 167(2) of the Code of Criminal Procedure if the investigation is not completed and the final report is not filed within the prescribed time.

The application is filed under Section 439 of the Code of Criminal Procedure, 1973 (‘Code’, for the sake of brevity), by the first accused in Crime No.812/2024 of the Angamali Police Station, Ernakulam, which is registered against the accused for allegedly committing the offences punishable under Sections 406 & 420 read with Section 34 of the Indian Penal Code, 1860 . The petitioner was arrested and remanded to judicial custody on 09.05.2024.

2.The crux of the prosecution case is that: the accused, in furtherance of their common intention, had induced the de-facto complainant to pay Rs.2,00,000/- during the period from 07.10.2019 to 28.10.2019 on the assurance of securing an employment in Germany. Even though the accused received the money, they did not secure the employment or return the money to the de-facto complainant. Thus, the accused have committed the above offences.

3.Heard; Sri.G.Hariharan, the learned counsel appearing for the petitioner and Smt.Neema T.V., the learned Senior Public Prosecutor.

4.The learned counsel for the petitioner submitted that the petitioner is totally innocent of the accusations levelled against him. There is no material to substantiate the petitioner's involvement in the crime. In any given case, the petitioner has been in judicial custody for the last 61 days, the investigation in the case is not complete, and the final report has not been laid. Hence, the petitioner is entitled to statutory bail.

5.The learned Public Prosecutor opposed the application. She submitted that the investigation in the case is in progress. She also submitted that the petitioner is an inveterate offender, since he is involved in 26 similar crimes. If the petitioner is let off on bail, there is every likelihood of him committing a similar offence. Hence, the application may be dismissed. Nonetheless, she did not dispute the fact that the petitioner has been in judicial custody for more than 61 days, the investigation in the case is in progress, and the final report has not been laid.

6.The prosecution allegation is that, the accused, in furtherance of their common intention, had induced the de-facto complainant to pay them Rs.2,00,000/- on the assurance of securing an employment in Germany. However, the accused did not secure the employment or return the money. Indisputably, the petitioner was arrested and remanded to judicial custody on 09.05.2024, the offences alleged against the petitioner are all punishable for a period of ten years, and the Investigating Officer has not laid the final report.

7. Subsection (2) of Section 167 of the Code of Criminal Procedure, 1973 reads as follows:-

167. Procedure when investigation cannot be completed in twenty-four hours.—(1) Whenever any person is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of twenty-four hours fixed by section 57, and there are grounds for believing that the accusation or information is wellfounded, the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of sub-inspector, shall forthwith transmit to the nearest Judicial Magistrate a copy of the entries in the diary hereinafter prescribed relating to the case, and shall at the same time forward the accused to such Magistrate.

(2) The Magistrate to whom an accused person is forwarded under this section may, whether he has or has not jurisdiction to try the case, from time to time, authorise the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole; and if he has no jurisdiction to try the case or commit it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction:

Provided that— 2 [(a) the Magistrate may authorise the detention of the accused person, otherwise than in custody of the police, beyond the period of fifteen days, if he is