Tamil Nadu - Chennai   

“Sufficient grounds must exist to remand an accused”

CHENNAI: Remand of an accused should not be ordered mechanically, for remand by a magistrate is not an automatic one on the mere request of the investigating officer. Sufficient grounds must exist for the magistrate to exercise the power of remand, the Madras High Court has said. Passing further orders on a petition seeking to modify a bail order, Justice R.Regupathi said requisition for remand by the police should be accompanied by the case diary, whereupon the magistrate should satisfy himself as to the adequacy and genuineness of the grounds necessitating judicial custody. While passing orders of remand or extension of remand, the magistrate should be alert to see that the liberty of the citizen was not violated by the police due to arbitrary exercise of power. Though a detailed speaking order was not required for remand, application of judicial mind was absolutely necessary.

Mr.Justice Regupathi said the object behind enactment of section 498-A IPC and the Dowry Prohibition Act was to curb the dowry menace. “Our experience shows that, apart from the husband, all family members are implicated and dragged to the police stations.” Though arrest of those persons was not at all necessary, in several cases, such harassment was made simply to satisfy the complainant’s ego and anger. By suitably dealing with such matters, the injury to innocents could be avoided to a considerable extent by magistrates; but if the magistrates themselves acceded to the bare request of police without examining the actual state of affairs, it would create negative effects. The husband and his family members may have differences of opinion in the dispute, for which arrest and judicial remand were not the answers.

The government advocate (criminal side) submitted that the Judge’s earlier observation while passing orders on the petition had been circulated to all Commissioners and Superintendents of Police. Mr.Justice Regupathi, among other observations, had said that except in cases of dowry death/suicide and offences of serious nature, the SHOs of All Women Police Stations were to register FIR only on approval of the Dowry Prohibition Officers concerned; arrest in matrimonial disputes, in particular arrest of aged, infirm and sick persons should not be made by the SHOs of AWPOs and if arrest was necessary during investigation, sanction should be obtained from the Superintendent of Police.

Romaiah (24) of Pudupet who was released on bail by the High Court in a dowry case had filed a petition alleging that he was beaten up by police when he went to the station to comply with the bail order. He prayed the court permit him to continue to report before the XIV MM Court, Egmore.

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