When the police fail to file the final report and is unable to complete investigation within a specified period in respect of a person in judicial custody, he can be granted statutory bail and same was upheld by High Court of Kerala through the learned bench led by the HONOURABLE MR.JUSTICE K. BABU in the case of ASIF ALI JARDARI v. STATE OF KERALA (BAIL APPL. NO. 2864 OF 2022) on 12th April, 2022.
Brief facts as per the prosecution is that the petitioner along with other accused with intent to obtain wrongful gain to them and to cause wrongful loss to the State Bank of India, Changampuzha Branch, entered into a criminal conspiracy and in pursuance of the said conspiracy withdrew Rs.19,000/- on 10.12.2021 by using the ATM Card belonging to the petitioner.
Learned petitioner’s counsel stated that petitioner was arrested on 10.02.2022 and has been in judicial custody since then and the final report has not been filed so far and the petitioner is entitled to statutory bail.Public prosecutor upon instructions, submitted that the final report has not been submitted in this case. Therefore, the petitioner is entitled to statutory bail.
In view of the facts and circumstances of the case , the court held that if police fail to complete investigation within a specified period of time in judicial custody of the accused then the petitioner is entitled to statutory bail. Court allowed the bail application on certain conditions –
The petitioner shall be released on bail on his executing bond for Rs.50,000with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Magistrate, he shall appear before the Investigating Officer on all Mondays and Fridays between 10 A.M. and 11 A.M. for a period of three months or till the final report is filed, whichever is earlier and he shall not try to influence the prosecution witnesses or attempt to tamper with the evidence.
Judgment reviewed by – Amit Singh.