NEW DELHI: In a significant ruling on statutory bail, the Kerala High Court has held that an accused person is entitled to default bail if the police electronically file a chargesheet or final report after 5 pm on the last day of the legally prescribed investigation period.
The court observed that under Kerala’s Electronic Filing Rules, documents uploaded after 5 pm are deemed to have been filed on the next working day. Consequently, a chargesheet submitted after that deadline would be treated as delayed, triggering the accused’s right to statutory bail.
Justice Kauser Edappagath delivered the judgment while considering a bail application filed by Aboobacker Siddique and Abdul Rouf M, who were arrested in Kasaragod on December 30, 2025, after police allegedly recovered 4.22 grams of MDMA from a homestay.
The two were booked under Sections 22(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
What Is Default Bail?
Default bail, also known as statutory bail, arises when investigating agencies fail to file a chargesheet within the time period prescribed by law. Once that period expires, the accused gains an enforceable right to seek release on bail, subject to fulfilling the required conditions.
The accused argued that the police electronically filed the final report at 6:02 pm on February 28, 2026—the 60th day of their custody—thereby exceeding the permissible period.
60 Days or 90 Days?
The prosecution contended that investigators had 90 days to file the final report because the offence carried a punishment that could extend up to 10 years.
Rejecting this argument, the court clarified that the 90-day period applies only to offences punishable with death, life imprisonment, or a mandatory minimum sentence of 10 years.
Where the law merely prescribes imprisonment that may extend “up to” 10 years, without stipulating a minimum sentence, the investigation must be completed within 60 days.
Justice Edappagath noted that default bail is not merely a procedural safeguard but a fundamental right linked to personal liberty under Article 21 of the Constitution.
The court observed that the Supreme Court has repeatedly described the right to default bail as “indefeasible” once the statutory period expires.
BNSS Did Not Change the Rule
The prosecution also argued that the Bharatiya Nagarik Suraksha Sanhita, 2023 had altered the legal threshold by replacing the phrase “not less than ten years” with “ten years or more.”
The court disagreed, holding that the revised provision does not materially change the established framework.
According to the judgment, the earlier and current provisions remain substantially aligned, preserving the distinction between the 60-day and 90-day investigation periods.
Filing After 5 PM Counts as Next Day
Addressing the issue of electronic filing, the court held that any filing received after 5 pm must, for limitation purposes, be treated as having been instituted on the next working day.
Since the police uploaded the final report at 6:02 pm on the 60th day, the filing was legally considered to have occurred after the statutory deadline.
As a result, the court held that the accused had acquired a right to default bail and ordered their release on bail upon furnishing bonds of Rs 1 lakh each along with two sureties.
The ruling underscores the importance of strict compliance with statutory investigation timelines and reinforces the principle that procedural delays by investigating agencies can directly affect an accused person’s right to liberty.
