HC directs Magistrate to issue non-bailable warrant against 3 police officials
Chennai Mar 25 PTI The Madras High Court has directed a Magistrate here to issue non-bailable arrest warrants against three policemen including an officer in the rank of Assistant Commissioner of Police ACP Justice A D Jagadish Chandira gave the direction recently while delivering verdict on a criminal original petition from the Deputy Superintendent of Police Metro Wing-I Crime Branch CID in Egmore seeking to set-aside an order of the Metropolitan Magistrate Special Trial Court for CCB CBCID dated February 1 and to issue non-bailable arrest warrants against the absconding accused Sivakumar ACP Pandiyarajan Inspector and Saravanan Sub-Inspector attched to Tirumangalam police station here According to the Additional Public Prosecutor based on a complaint lodged by one R Rajesh a case was registered by the CBCID Metro for offences under various sections of the IPC last year Sec 4 of Tamil Nadu Prohibition of Harassment of Women Act was included later The case was registered against one Tharun Krishna Prasad and 9 others It was a case where the accused along with the police officials including the three officers kidnapped the complainant and under threat extorted and illegally transferred the property belonging to the complainant The petitioner had so far arrested five accused in this case The police officials against whom there were serious offences were still evading arrest despite steps to bring them for investigation Despite issuance of notice under Section 41a CrPC they had not complied with the same On the other hand they had instigated their family members to file a complaint against the petitionerofficer before the Human Rights Commission The police officials who belong to uniform service were supposed to obey the Law But they were evading investigation The petitioner moved the Special Judge seeking for issuance of non-bailable warrants under Section 73 of CrPC But the judge had rejected his plea Hence the present petition Allowing the petition Justice Chandira referred to a ruling of the Supreme Court where it had had held Sec 73 of the CrPC conferred the power upon the Magistrate to issue the warrant and that it could be exercised by him during the investigation also As the accused in this case were evading arrest the only course left open to the Investigating Officer was to ensure their presence by obtaining an order from the Magistrate under this section In such an eventuality there is no bar for the Magistrate to legitimately exercise his power under Sec73 of the CrPC for the person to be apprehended during investigation since the respondents are accused of non-bailable offence and are evading arrest In view of the above the impugned order of the Special Judge stands set aside The Magistrate is directed to issue non-bailable warrants of arrest against the absconding accused Sivakumar Pandiyarajan and Saravanan the judge said PTI CORR SA SA
Chennai Mar 25 PTI The Madras High Court has directed a Magistrate here to issue non-bailable arrest warrants against three policemen including an officer in the rank of Assistant Commissioner of Police ACP Justice A D Jagadish Chandira gave the direction recently while delivering verdict on a criminal original petition from the Deputy Superintendent of Police Metro Wing-I Crime Branch CID in Egmore seeking to set-aside an order of the Metropolitan Magistrate Special Trial Court for CCB CBCID dated February 1 and to issue non-bailable arrest warrants against the absconding accused Sivakumar ACP Pandiyarajan Inspector and Saravanan Sub-Inspector attched to Tirumangalam police station here According to the Additional Public Prosecutor based on a complaint lodged by one R Rajesh a case was registered by the CBCID Metro for offences under various sections of the IPC last year Sec 4 of Tamil Nadu Prohibition of Harassment of Women Act was included later The case was registered against one Tharun Krishna Prasad and 9 others It was a case where the accused along with the police officials including the three officers kidnapped the complainant and under threat extorted and illegally transferred the property belonging to the complainant The petitioner had so far arrested five accused in this case The police officials against whom there were serious offences were still evading arrest despite steps to bring them for investigation Despite issuance of notice under Section 41a CrPC they had not complied with the same On the other hand they had instigated their family members to file a complaint against the petitionerofficer before the Human Rights Commission The police officials who belong to uniform service were supposed to obey the Law But they were evading investigation The petitioner moved the Special Judge seeking for issuance of non-bailable warrants under Section 73 of CrPC But the judge had rejected his plea Hence the present petition Allowing the petition Justice Chandira referred to a ruling of the Supreme Court where it had had held Sec 73 of the CrPC conferred the power upon the Magistrate to issue the warrant and that it could be exercised by him during the investigation also As the accused in this case were evading arrest the only course left open to the Investigating Officer was to ensure their presence by obtaining an order from the Magistrate under this section In such an eventuality there is no bar for the Magistrate to legitimately exercise his power under Sec73 of the CrPC for the person to be apprehended during investigation since the respondents are accused of non-bailable offence and are evading arrest In view of the above the impugned order of the Special Judge stands set aside The Magistrate is directed to issue non-bailable warrants of arrest against the absconding accused Sivakumar Pandiyarajan and Saravanan the judge said PTI CORR SA SA
