SECTION 167(2) of CrPC MANDATES THE PRESENCE OF THE ACCUSED WHEN THE REQUEST FOR EXTENSION IS TAKEN UP FOR CONSIDERATION. KERALA HIGH COURT
The High Court of Kerala passed a judgement on 13 March, 2023 stated that Section 167(2) mandates the presence of the accused when the request for extension is taken up for consideration. . It was stated in the case of Niju Peter vs State Of Kerala (Crl.M.C.No.1662/2023 )which was passed by the single judge bench comprising of JUSTICE V.G.ARUN
FACTS OF THE CASE:
The petitioner is the third accused in Crime No.731/2022 of Palarivattom Police Station registered for offences punishable under Sections 8(c), 22(c) and 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985. The petitioner was arrested on 28/7/2022 and is continuing in custody. The maximum period of custody of 180 days was to be over by 26/1/2023. In the meanwhile, the prosecutor filed an application under Section 36 A(4) for extension on 10/1/2023. The application was considered on 11/1/2023 and the impugned order passed on 12/1/2023, extending the time for completing the investigation and filing the final report by two months. Final report was thereafter filed on 27/2/2023.
JUDGEMENT OF THE CASE
No application under section 167(2) seeking default bail was pending on the date on which 180 days of the petitioner’s custody got completed, no purpose will be served by quashing Annexure A6 at this point of time particularly when the final report is filed.The contentions now urged can be put forth before the Trial court as and when the petitioner’s moves an application for regular bail. In such event, the trial court shall consider those contentions along with other factors highlighted by the petitioner and take appropriate decision on the bail application.
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.