Kerala High Court: A Single Judge Bench of Raja Vijayaraghavan, J., decided a bail application filed under Section 239 of the CrPC wherein it granted bail to the accused because of the default of the prosecution in filing the charge sheet.
The applicant herein was the sixth accused and was remanded to judicial custody on 19.5.2018. He had been languishing in judicial custody for more than 60 days. The counsel on behalf of the applicant submitted that the applicant was entitled to be released on bail on the default of the prosecution in filing the charge sheet within the prescribed period, which was 60 days in the present case.
The High Court observed that more than 60 days had elapsed from the date of remand of the applicant. The final report had not been filed after completion of investigation. The Court held that the applicant had absolute right to be released on bail and it found no reason to refuse the same. The application was accordingly allowed.[Sanal v. State of Kerala,2018 SCC OnLine Ker 3010, dated 09-08-2018]