Connect with us

Politics

Kerala HC flags non-compliance of pre-arrest norms leading to release of accused

 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.. Kerala HC flags non-compliance of pre-arrest norms leading to release of accused. 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 judgme 

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Politics

‘Can’t sit back passively’: Shashi Tharoor backs PM Modi’s talks with Iran leadership

 On West Asia conflict, Congress leader Shashi Tharoor said, “I think India should be active. We can’t just sit back passively.” 

Continue Reading

Politics

SC stays HC directive to Lokpal on sanction for CBI charge sheet against Mahua Moitra

 Supreme Court stays Delhi HC order directing Lokpal to sanction CBI probe against TMC MP Mahua Moitra in alleged cash-for-query case. 

Continue Reading

Politics

‘Women will be asked to sit at home’: SC says mandatory menstrual leaves would hamper careers

 The Supreme Court said it would be “excellent” if private companies granted period leaves voluntarily, but making them compulsory would hurt women’s careers. 

Continue Reading

Politics

Here’s why the US-Israel-Iran war should be an eye-opener for India

 With India being the fourth-largest economy and the fourth-largest military power, it does not behove us to rely on third parties for national security needs. 

Continue Reading

Politics

Stronger air defence takeaway for India from West Asia conflict: Ex IAF chief

 Stronger air defence takeaway for India from West Asia conflict: Ex IAF chief 

Continue Reading

Latest News

Politics29 minutes ago

‘Can’t sit back passively’: Shashi Tharoor backs PM Modi’s talks with Iran leadership

 On West Asia conflict, Congress leader Shashi Tharoor said, “I think India should be active. We can’t just sit back...

Politics2 hours ago

SC stays HC directive to Lokpal on sanction for CBI charge sheet against Mahua Moitra

 Supreme Court stays Delhi HC order directing Lokpal to sanction CBI probe against TMC MP Mahua Moitra in alleged cash-for-query...

Politics4 hours ago

‘Women will be asked to sit at home’: SC says mandatory menstrual leaves would hamper careers

 The Supreme Court said it would be “excellent” if private companies granted period leaves voluntarily, but making them compulsory would...

Politics4 hours ago

Here’s why the US-Israel-Iran war should be an eye-opener for India

 With India being the fourth-largest economy and the fourth-largest military power, it does not behove us to rely on third...

Politics6 hours ago

Stronger air defence takeaway for India from West Asia conflict: Ex IAF chief

 Stronger air defence takeaway for India from West Asia conflict: Ex IAF chief 

Politics8 hours ago

Retired judge to probe fake diplomas linked to promotions in Karnataka Transport Dept

 Karnataka government orders inquiry into Transport Dept. employees allegedly using fake diplomas for promotions; a retired judge will investigate. 

Politics10 hours ago

Country has surplus grain stocks: Officials

 The country has surplus grain stocks, and the West Asian conflict has not impacted essential food items like pulses or...

Politics10 hours ago

Kuno conservation model expanded as tiger marks territory

 Madhya Pradesh’s Kuno National Park initiates a multi-species conservation plan, hosting a tiger from Ranthambore alongside cheetahs and leopards. 

Politics12 hours ago

ROTC students at Old Dominion subdued and killed the shooter who killed 1 person, wounded 2

 ROTC students at Old Dominion subdued and killed the shooter who killed 1 person, wounded 2 

Politics12 hours ago

ROTC students at Old Dominion subdued and killed the shooter who killed 1 person, wounded 2

 ROTC students at Old Dominion subdued and killed the shooter who killed 1 person, wounded 2 

Trending News

Join Our Newsletter

Stay updated with breaking news and exclusive content.