Kochi, Flagging instances of the accused getting bail because the investigating officer did not comply with pre-arrest formalities, the Kerala High Court on Thursday directed all criminal courts in the state to ensure compliance with pre-arrest formalities 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 get an endorsement in the proceedings sheet stating that the pre-arrest formalities have been complied with and the accused has no objection in this regard.
“In the event of non-compliance, the magistrate or the special judge … must ensure compliance of the formalities by the investigating officer and remand is to be considered only after ensuring compliance of the formalities,” Justice A Badharudeen said.
The high court also said that if the magistrate or judge notes deliberate intention by the investigating officer or arresting officer to not comply with the formalities, they shall recommend disciplinary proceedings against such officers.
The high court issued the directions while hearing the bail application of a deputy range forest officer accused of sexually assaulting a female beat forest officer at his workplace.
According to the prosecution, on February 4, while the beat forest officer was serving food to her colleagues in torchlight due to a power failure at the Deputy Range Office, the accused touched her inappropriately.
The high court said that on perusal of the First Information Statement, “the allegations necessary to constitute the offences alleged are well made out, prima facie and the absolute innocence canvassed by the appellant’s counsel is found to be unacceptable”.
It, however, set aside the special judge’s order denying regular bail to the accused and granted him the relief in view of his status as a first-time offender.
“The appellant shall be released on bail on his executing a bond for ₹1,00,000, with two solvent sureties, each for the like amount, to the satisfaction of the special court concerned.
“The appellant shall not intimidate the witnesses or tamper with evidence. He shall co-operate 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 acquainted with the facts of the case, so as 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 hereby 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 hereby 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 formalities and the consequences of not doing so.
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