Ensure grounds of arrest are furnished before remand, Madras High Court tells T.N. DGP, Chennai Police Commissioner
Justice N. Ramesh orders that the grounds of arrest must be communicated to the arrestee at least two hours before producing him/her before a judicial magistrate for remand
The Madras High Court has instructed the Director General of Police and the Greater Chennai Commissioner of Police to ensure that investigating officers provide the grounds of arrest at least two hours prior to producing suspects for judicial remand. This directive aims to prevent suspects from being released on bail even in serious offenses due to the lack of serving the grounds of arrest.
Justice N. Ramesh emphasized that the arrest memo or notification of arrest to family members cannot replace the grounds of arrest, which must be a separate document outlining the reasons for arrest. The court also emphasized that an acknowledgement of serving the grounds of arrest must be produced before the magistrate during remand proceedings.
The judge's decision came after a hearing in which it was revealed that grounds of arrest were not served in one out of every four criminal cases, potentially allowing suspects to evade law enforcement through technicalities.
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