High CourtsSingle Bench

XXXX vs State Of Kerala

High Court Of Kerala · Decided on 16 June 2021 · Citation: (2021) 06 KL CK 0238

HON’BLE JUDGES
Shircy V, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 167(2) · Protection of Children from Sexual Offences Act, 2012 — Section 7, 8, 9(n), 10
RESULT
Disposed Of
CASE NUMBER
Bail Appl. No.. 3309 Of 2021
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Judgment

13 paragraphs · 229 words

Shircy V, J

1.

This second application for bail is filed by the petitioner who is the sole accused in Crime No.282 of 2021 of Kilimanoor Police Station registered for

the offences punishable under Sections 8, 7, 10 read with Section 9(n) of the Protection of Children from Sexual Offences Act, 2012.

2.

The petitioner has been in custody since 11.02.2021.

3.

Heard the learned counsel for the petitioner as well the learned Public Prosecutor.

4.

It is submitted by the learned counsel for the petitioner that he has already completed 90 days in custody but as charge sheet has not been filed so

far by the Investigating Agency, he is entitled for default bail. He has been released on interim bail by the jail authorities for a few days because of the

pandemic situation of our country.

5.

The learned Public Prosecutor has also reported that the Investigating Agency has not filed the charge sheet even after completion of 90 days of

detention of the petitioner in custody.

6.

Therefore, this application is disposed of directing the petitioner to file an application for default bail under Section 167 (2) of the Code of Criminal

Procedure before the court concerned at the earliest. If an application is moved by the petitioner the same shall be disposed of on the very same day

as he is entitled for default bail.