SREEKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the sole accused in Crime No.118/2019 of Kainady Police Station, which has been registered for offences punishable under Sections 376, 342, 506(1), 354 of IPC and Section 66E of IT Act, 2000.

(2.) The prosecution case in short is that the petitioner/accused, who is known to the lady defacto complainant's husband, had assured to give Rs.25,000/- financial assistance for the treatment of the lady's husband and that the petitioner had instructed her to come to a shed for collecting money and that at that point of time, had forcibly committed sexual intercourse on her and that he had taken her nude photographs and had threatened her that if she does not yield again, he will circulate it etc. The petitioner has been under judicial custody on 7.3.2019.

(3.) Sri. K. Shaj, learned counsel appearing for the petitioner submits that the investigation has not so far been completed and that it is not possible for the investigating agency to file the final report in this case within the 90 days period as prescribed in Section 167(2) of Cr.P.C. and that therefore, the petitioner is entitled to secure statutory default bail by the operation of the proviso to Section 167(2) of Cr.P.C., by 6.6.2019. It is beyond any dispute that the period during which the final report has to be filed for offences in the present case is 90 days as per the prescription in Section 167 (2) Cr.P.C., failing which the accused is entitled to get statutory default bail and the said period is to fall by 6/6/2019. To a specific query raised by this Court as to whether the investigating agency has filed the final report in this case or whether it is possible for them to file final report before 7.6.2019, the learned Public Prosecutor has submitted on the basis of instructions that the investigation has not so far been completed and that it may not be possible for the investigating agency to file the final report in this case within 90 days prescribed period due to exigencies beyond its control. If that be so, the petitioner is entitled for the grant of statutory default bail by 6.6.2019, which is hardly three days from today.