N. VAIDYANATHAN Vs. STATE

JUDGEMENT

(1.) THIS revision challenges the order of learned Chief Judicial Magistrate, Villupuram, passed in Crl.M.P. No.2010 of 2014 on 04.12.2014.

(2.) BY the order under challenge the claim to right of statutory bail under section 167(2) Cr.P.C. was negated. Petitioner is the fourth accused in case registered in Crime No. 122 of 2014 on the file of Vellimedupettai Police Station. He was arrested and remanded to custody on 20.09.2014. There are as many as 23 accused in the case and investigation therein was transferred to the file of CBCID, Villupuram on 03.09.2014 and registered in Crime No. 5 of 2014 of such department. Pursuant to investigation conducted by the Deputy Superintendent of Police, CBCID, Villupuram, a charge sheet was filed informing commission of offences under sections 120 -B, 407 and 380 IPC @ 272, 114, 119 r/w 407 and 411 IPC. Such charge sheet was filed in Court on 18.11.2014. The same was returned for rectification on 25.11.2014. Petitioner moved a petition for relief u/s. 167(2) Cr.P.C. on 28.11.2014. Petitioner contended that the nature of offences alleged in the case did not permit his being held in custody beyond a period of 60 days unless the charge sheet had been filed by then, that he had thus become entitled to bail on 19.11.2014 and as the charge sheet was not before Court on such date, he was entitled to release. The charge sheet had been returned on 25.11.2014. Respondent resubmitted the same on 28.11.2014 along with an explanation for queries raised by Court. Notice in the bail petition had been issued to respondent police on 28.11.2014 and case stood posted for objections on 01.12.2014. After hearing of the bail petition on 03.12.2014, orders of dismissal were passed on 04.12.2014.

(3.) LEARNED senior counsel relied on decision of Apex Court in Union of India through C.B.I. v. Nirala Yadav alias Raja Ram Yadav alias Deepak Yadav [ : AIR 2014 SC 3036] and submitted that therein the Apex Court had made clear that the right to be released on bail u/s. 167(2) Cr.P.C. fructified on the failure of investigating agency to file charge sheet within the stipulated 60/90 days period and even if the same came to be filed subsequent thereto, during the pendency of the consideration of claim therefor, such subsequent filing was of no consequence.