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Accused Cannot Get Default Bail If A Chargesheet Originally Filed Within Time Is Re-Presented After The Defects Are Cured: Kerala High Court

In a bail order, the Kerala High Court underscored that the accused cannot get default bail if a chargesheet originally filed within time is re-presented following the period after the defects are cured. A Bench comprising of Justice Ashok Menon observed to the effect while disposing of a bail application filed by one Saharath VP, an accused in a narcotics case. The applicant sought default bail under Section 167 of the Code of Criminal Procedure on the ground that the chargesheet, originally filed within the statutory limits, was re-presented after the time period. The jurisdictional court had returned the chargesheet as the copy of the drug disposal committee was not seen handed over to the accused. This was subsequently rectified.

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