HARIKRISHNAN Vs. INSECTOR OF POLICE

JUDGEMENT

(1.) The petitioner, who was arrested for the alleged offences under Sec. 8(c) r/w 22(c), 29(i) of NDPS., in Crime No.1166 of 2021, on the file of the respondent police, seek bail.

(2.) This is 5th petition filed by the accused seeking bail. All his earlier four attempts failed and for the 5th time he has taken out a different plea that, he along with 1st accused filed petition for bail under Sec. 167(2) of Cr.P.C, since investigation did not complete within the statutory period of 180 days and final report presented before the trial Court was defective and not taken on file. Since the bail petition of the 1st accused was reconsidered by the trial Court after the intervention of the High Court and bail granted same order to be extended to him also.

(3.) According to the learned counsel for the petitioner the 1st accused filed bail petition under Sec. 167(2) of Cr.P.C on the ground of default on 13/6/2022, it was returned on 14/6/2022 stating that, final report was already filed. Therefore, bail petition under Sec. 167(2) of Cr.P.C is not maintainable. When this matter was taken up before this Hon'ble High Court by the 1st accused in Crl.O.P.No.22914 of 2022, High Court directed the trial Court vide order dtd. 20/12/2022 to consider the issue as to whether the final report filed on 3/6/2022 was free from defect and contain all the documents relied by the prosecution. On perusal of the charge sheet, the trial Court found that the statement of the defacto complainant/Mr.Gopinath was not filed along with the final report filed on 3/6/2022 and it was filed only on 24/6/2022 and thereafter, final report was taken on file by the trial Court on 24/6/2022. The trial Court has held that though the final report with defect filed on 3/6/2022 not returned but undoubtedly, it was a defective charge sheet and the defect was cured only on 24/6/2022 and thereafter, same was taken on file. Hence, the 1st accused is entitle for bail on default. The petitioner herein seeks bail on parity.