1984 (4) TMI 321 - HC - Indian Laws

Summary

Issues Involved:
1. Legality and propriety of the order denying bail.
2. Interpretation of "case" and "offence" in the context of investigation and charge-sheet filing.
3. Completion of investigation under Section 173 of the Cr.P.C.
4. Validity of piecemeal investigation and filing of additional charge-sheets.
5. Right to bail under Proviso (a)(i) to Section 167(2) of the Cr.P.C.
6. Jurisdiction of Chief Judicial Magistrate, Ernakulam, and Sessions Court, Ernakulam.

Issue-wise Detailed Analysis:

1. Legality and Propriety of the Order Denying Bail:
The revision petitioners were accused in a case involving the death of a police officer and were repeatedly denied bail. They argued that no valid charge-sheet was filed within the stipulated 90 days, making their detention illegal and entitling them to bail. The Chief Judicial Magistrate overruled this contention, which was then challenged in the revision petition.

2. Interpretation of "Case" and "Offence":
The petitioners contended that the Code does not allow for piecemeal investigation and that a charge-sheet should be filed only after the completion of the investigation of all offences involved in a case. They distinguished between an "offence" and a "case," arguing that the investigation of a case cannot be split into several stages. The Public Prosecutor argued that there is no significant difference between an "offence" and a "case" and that the investigation was complete before the first charge-sheet was filed, despite an erroneous statement suggesting otherwise.

3. Completion of Investigation under Section 173 of the Cr.P.C.:
The court analyzed Section 173, which requires that every investigation be completed without unnecessary delay and that a report be forwarded to the Magistrate upon completion. The court emphasized that the investigation must be of the entire "case," including all offences involved. The court concluded that a final report or charge-sheet under Section 173 could only be filed after the completion of the investigation of all the offences arising in the case.

4. Validity of Piecemeal Investigation and Filing of Additional Charge-sheets:
The court noted that the first charge-sheet mentioned ongoing investigation regarding an offence under Section 201 I.P.C., indicating that the investigation was not complete. The additional charge-sheet filed later included this offence but did not cite new evidence. The court accepted the investigator's statement that the additional charge-sheet was based on evidence collected before the first charge-sheet and that no further evidence was collected afterward. Therefore, the court concluded that the investigation was not complete when the first charge-sheet was filed, making it defective.

5. Right to Bail under Proviso (a)(i) to Section 167(2) of the Cr.P.C.:
The court held that remand in custody under Section 167 is to enable proper investigation and cannot exceed 90 days. Since the investigation was completed only after this period, the accused were entitled to bail if they furnished bail. The court imposed strict conditions for their release on bail, including residence restrictions, reporting requirements, and prohibitions on influencing witnesses.

6. Jurisdiction of Chief Judicial Magistrate, Ernakulam, and Sessions Court, Ernakulam:
The court addressed the controversy over whether the Chief Judicial Magistrate, Ernakulam, had jurisdiction and whether the case should be committed to the Sessions Court at Ernakulam or Tellicherry. The petitioners withdrew their contentions challenging the jurisdiction, and the court found no difficulty for the Chief Judicial Magistrate, Ernakulam, to deal with the committal proceedings or for the Sessions Court at Ernakulam to try the case.

Conclusion:
The court set aside the order of the Chief Judicial Magistrate and directed that the petitioners be released on bail with strict conditions. The court also clarified that the proceedings initiated by the Magistrate were not vitiated but were irregular and cured by the additional charge-sheet filed after the completion of the investigation. The case was pending enquiry, preliminary to committal to the Sessions Court.