Kochi, March 5 Flagging instances where the accused were granted bail because the investigating officer did not follow pre-arrest procedures, the Kerala High Court on Thursday directed all criminal courts in the state to ensure compliance with pre-arrest procedures as stipulated in several Supreme Court judgments before considering remand applications.
The high court specifically directed that before ordering remand, the magistrate or judge should obtain a note in the proceedings sheet stating that the pre-arrest procedures have been followed and that the accused has no objection to this.
"If the procedures are not followed, the magistrate or special judge... must ensure that the investigating officer complies with the procedures, and remand should only be considered after compliance," said Justice A Badharudeen.
The high court also said that if the magistrate or judge notes a deliberate intention by the investigating officer or arresting officer to not follow the procedures, they should recommend disciplinary action against such officers.
The high court issued these directions while hearing the bail application of a deputy range forest officer accused of sexually assaulting a female forest officer at his workplace.
According to the prosecution, on February 4, while the female forest officer was serving food to her colleagues in the torchlight due to a power failure at the Deputy Range Office, the accused inappropriately touched her.
The high court said that after reviewing the First Information Statement, "the allegations necessary to constitute the offences alleged are well-made, prima facie, and the absolute innocence canvassed by the appellant's (accused) counsel is found to be unacceptable."
However, it overturned the order of the special judge denying regular bail to the accused and granted him bail, considering his status as a first-time offender.
"The appellant (accused) shall be released on bail, provided he executes a bond of Rs 1,00,000, with two solvent sureties, each for the same amount, to the satisfaction of the special court concerned," the high court said.
"The appellant shall not intimidate witnesses or tamper with evidence. He shall cooperate with the investigation and shall be available for interrogation," the high court said.
It directed the accused to appear before the investigating officer as and when directed and not to make any inducement, threat, or promise to any person – including the complainant – who is acquainted with the facts of the case, in order to dissuade them from disclosing such facts to any police officer.
"The appellant shall not disturb the de facto complainant in any manner during the currency of bail granted, if any such event is reported or comes to the notice of this court, the same alone is a reason to cancel the bail granted," the high court said.
It directed the High Court Registry to forward a copy of the judgment to all the criminal courts in Kerala and the Director General of Police, to communicate to all investigating officers and station house officers to take note of the need to comply with pre-arrest procedures and the consequences of not doing so.
