Case Note & Summary
The petitioner, the de-facto complainant in a dowry death case, sought cancellation of statutory bail granted to the first respondent (husband of the deceased) by the Judicial Magistrate, Sriperumbudur, on 04.09.2025. The case arose from Crime No.160 of 2025, alleging dowry death on 04.06.2025. Three accused were involved: the first respondent (A1), and his parents (A2 and A3). The Supreme Court had earlier cancelled anticipatory bail for A2 and A3, directing them to surrender. The first respondent was arrested on an unspecified date. The final report was to be filed within 90 days from remand. The petitioner contended that the final report was actually filed on 01.09.2025 (the 90th day) as per the police status report, but the Magistrate erroneously considered the e-filing portal date of 04.09.2025 as the filing date. The respondent countered that the final report was e-filed only on 04.09.2025 at 6.04 p.m., after expiry of the 90-day period, and that the right to statutory bail had already accrued; the subsequent filing could not defeat this vested right. The court, after directing a report from the Chief Judicial Magistrate and independent verification by technical staff, confirmed that the final report was e-filed on 04.09.2025 at 18:04:34 hours, while the bail application was filed on the morning of the same day. The court held that the indefeasible right to statutory bail vests in the accused upon expiry of the statutory period, and any later filing of the final report does not extinguish that accrued right. Accordingly, the court found no merit in the petition and dismissed it, upholding the grant of statutory bail.
Headnote
A) Criminal Procedure - Statutory Bail - Accrual of Indefeasible Right - Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3) - In a dowry death case, the accused was granted statutory bail as the final report was e-filed on the 91st day after arrest. The court held that the date of e-filing as per electronic records determines the filing date, and the right to bail accrues automatically upon expiry of the 90-day period; subsequent filing of the charge-sheet does not defeat this vested right. Held: Bail cancellation petition dismissed. (Paras 7-9)
Issue of Consideration
Whether the statutory bail granted to the first respondent was valid in light of the contention that the final report was actually filed on 01.09.2025, not on 04.09.2025?
Final Decision
Criminal Original Petition dismissed; statutory bail granted to first respondent stands.
Law Points
- Legal points not extracted
- The indefeasible right to statutory bail accrues upon expiry of the statutory period
- and subsequent filing of charge-sheet does not defeat it
- The date of e-filing as per electronic records determines the date of filing of final report.
Case Details
2026 LawText (MAD) (07) 45
Citation not available, 2026:MHC:3008
G.Murugendran (Petitioner), N.Palanivel (Respondent No.2)
Rajmohan, Inspector of Police, Manimangalam Police Station
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Nature of Litigation
Criminal Original Petition for cancellation of statutory bail
Remedy Sought
Cancellation of bail granted to first respondent (A1) by Judicial Magistrate, Sriperumbudur, and direction to take him into custody
Filing Reason
Petitioner alleged that final report was filed within 90 days on 01.09.2025, and Magistrate erroneously took 04.09.2025 as date of filing, thus bail was improperly granted.
Previous Decisions
Judicial Magistrate granted statutory bail to A1 on 04.09.2025; Supreme Court cancelled anticipatory bail of co-accused A2 and A3 in SLP(Crl.)No.18167/2025 on 18.05.2026.
Issues
Whether the statutory bail granted to the first respondent was valid in light of the contention that the final report was actually filed on 01.09.2025, not on 04.09.2025?
Submissions/Arguments
Petitioner contended that final report was filed on 01.09.2025, being the 90th day, as per police status report; Magistrate incorrectly considered 04.09.2025 due to e-filing portal reflection.
Respondent argued that e-filing of final report occurred only on 04.09.2025 at 6.04 p.m., after expiry of 90 days, and the right to statutory bail had already accrued; subsequent filing cannot defeat accrued right.
Ratio Decidendi
The indefeasible right to statutory bail vests in the accused upon expiry of the statutory period of 90 days if the final report is not filed before such expiry; any subsequent filing does not defeat this accrued right. The date of e-filing as per electronic records is the determinative date of presentation of the final report.
Judgment Excerpts
the final report in the present case was submitted by the respondent police on 04.09.2025 at 18:04:34 hours. In the meantime, the application seeking statutory bail had already been filed on the morning of 04.09.2025.
the indefeasible right that had accrued in favour of the first respondent cannot be defeated by the subsequent filing of the final report.
Procedural History
Case registered as Crime No.160 of 2025 for dowry death on 04.06.2025. Three accused: A1 (husband), A2 and A3 (in-laws). A2 and A3 were initially granted anticipatory bail, but Supreme Court cancelled it on 18.05.2026, directing them to surrender. A1 filed for statutory bail; Judicial Magistrate, Sriperumbudur, granted bail on 04.09.2025. Petitioner (de-facto complainant) filed this petition under Section 483(3) BNSS for cancellation. Court directed report from Chief Judicial Magistrate and verified e-filing records, which confirmed final report e-filed on 04.09.2025 at 18:04, beyond 90-day period. Petition dismissed on 21.07.2026.
Acts & Sections
- Bharatiya Nagarik Suraksha Sanhita, 2023: 483(3), 528
