Arrest not necessary during probe in all cases: HC

Vexed with the filing of numerous anticipatory bail pleas, the Madras High Court on Wednesday observed that the accused need not be arrested in all criminal cases at the stage of investigation and the probe can be carried out effectively without custodial interrogation.

Justice Anand Venkatesh made the observation while granting anticipatory bail to an accused in a matrimonial dispute case and asked the police to pull up their socks and show more quality and maturity in investigations.

The judge took note of the filing of anticipatory bail petitions by various people apprehending detention, especially against "Friday night arrests", a popular euphemism for arrests made on a Friday or a day prior to court holidays to ensure that the accused does not come out on bail immediately.

"The police must be made to understand that all criminal cases need not necessarily involve arrest of accused persons during investigation and an effective investigation can be done even otherwise. A change in attitude will bring down unnecessary filing of anticipatory bail petitions," the judge said.

He said it could effectively be implemented in matrimonial, commercial and property disputes and other such minor offences, adding that ultimately, the aim was to stop unnecessary and illegal arrests.

"The Tamil Nadu police needs to pull up their socks and show more quality and maturity in investigation techniques," Justice Venkatesh said in his order.

He further said it was not necessary that the police must take a decision about resorting to the procedure under section 41-A of the Code of Criminal Procedure (CrPC) only when an anticipatory bail petition was filed, adding that they could independently take a decision in accordance with the guidelines.

Under section 41-A, CrPC, a police officer, in all cases where the arrest of a person is not required under section 41(1), shall issue a notice directing the person against whom a reasonable complaint has been made or credible information has been received to appear before him.

The judge said henceforth, in all anticipatory bail petitions filed before the high court and where the offence concerned carried a punishment of up to seven years, the police should instruct the public prosecutor as to in which case they would invoke section 41-A.

The court would pass the necessary orders after recording the decision of the police with regard to section 41-A, he added.

Earlier, Justice Venkatesh granted anticipatory bail in a case in which the accused was alleged to be the instigator for the second marriage of a person when the first marriage was in force.