Justice M S Ramesh said the Supreme Court has time and again reiterated the cardinal principles, namely, "bail is the rule and jail is an exception and that persons accused of having committing a crime are presumed to be innocent, unless proven guilty."
However, police have been invoking their powers vested in them during the "pre-independence era" and seeking remand of people even in petty offences, matrimonial disputes, criminal and commercial disputes, among others, the judge said.
"Likewise, the jurisdictional trial courts have also been mechanically remanding such persons, overlooking these cardinal principles," the judge said.
"It is needless to point out that when complaints are received for commission of heinous crime or offences which may have bearing on the society at large, or habitual offenders, the police officers are at liberty to seek judicial custody of the persons involved in such crimes and the magistrate may also be justified in remanding them."
Justice MS Ramesh made these observations recently while granting anticipatory bail to Ramesh of Sivagangai district against whom police had filed an FIR for alleged offences under various IPC sections.
The prosecution alleged that the accused scolded the de facto complainant in a filthy language and attacked him and his father.
Apprehending arrest, the petitioner filed the anticipatory bail petition.
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