The Kerala High Court has directed all criminal courts in the state to ensure strict compliance with pre-arrest procedural requirements laid down by the Supreme Court before considering remand applications. The court issued the direction after noting instances where accused persons secured bail due to the investigating officer’s failure to follow mandatory pre-arrest formalities.
Justice A. Badharudeen, in an order passed on Thursday, instructed magistrates and special judges to verify whether these formalities have been followed before ordering remand. The court directed that the proceedings sheet must include an endorsement confirming that pre-arrest requirements were complied with and that the accused has no objection in this regard.
The judge made it clear that remand should not be ordered if these procedures have not been followed. In such situations, the magistrate or special judge must first ensure compliance by the investigating officer before proceeding further.
The court also warned that deliberate non-compliance by investigating or arresting officers would invite disciplinary action. If a magistrate or judge notices intentional failure to follow the mandated procedures, they should recommend disciplinary proceedings against the officer concerned.
Directions Issued While Hearing Bail Plea
The directions were issued while the court was hearing a bail application filed by a deputy range forest officer accused of sexually assaulting a female beat forest officer at his workplace.
According to the prosecution, the incident occurred on February 4 at the Deputy Range Office. During a power outage, the complainant was serving food to colleagues in torchlight when the accused allegedly touched her inappropriately.
After examining the First Information Statement, the High Court observed that the allegations were sufficient, at least prima facie, to constitute the offences alleged. The court also rejected the claim of “absolute innocence” put forward by the accused’s counsel.
Bail Granted With Conditions
Despite these observations, the High Court set aside the special court’s order refusing regular bail and granted bail to the accused, noting that he was a first-time offender.
The court directed that the accused be released upon executing a bond of ₹1,00,000 with two solvent sureties for the same amount to the satisfaction of the special court concerned.
The High Court imposed several conditions while granting relief. The accused has been directed not to intimidate witnesses or tamper with evidence and to fully cooperate with the investigation. He must appear before the investigating officer whenever required and must not attempt to influence any person connected with the case, including the complainant.
The court further warned that the accused must not disturb the complainant in any manner during the period of bail. Any such complaint could lead to cancellation of bail.
Judgment Circulated to Courts and Police
To ensure wider compliance, the High Court directed its registry to forward a copy of the judgment to all criminal courts in Kerala as well as the Director General of Police. The DGP has been asked to communicate the directions to all investigating officers and station house officers so they are aware of the requirement to strictly follow pre-arrest formalities and the consequences of failing to do so.
