'Situation Very Pathetic': Kerala High Court Flags Pattern Of Police Not Communicating Grounds Of Arrest, Enabling Accused To Secure Release

The Kerala High Court on Friday (July 24) expressed concern over recurring cases of investigating officers failing to communicate the grounds of arrest in the manner mandated by law, ultimately enabling accused persons to secure release.Justice A. Badharudeen made the observations while hearing the case relating to the alleged suicide of dental student Nithin Raj.The Court previously voiced concern over the police investigation into the case and had orally observed that there appeared to be a 'larger conspiracy' involving senior officials in the manner in which the arrest of the prime accused was handled. Dr. M. Kodanda Ram, who is the first accused in the case was arrested on 20 July after evading the arrest for nearly 100 days and was later released, after the Court found that the investigating agency failed to properly communicate the grounds of arrest to him. The Court had also directed the Deputy Superintendent of Police, who effected the arrest, to appear before it with all the relevant records produced before the Special Court at the time of the accused's production.Today, the investigating officer appeared before the Court and informed that Dr. Ram had been arrested again on Thursday.The Court however questioned the lapses in the earlier arrest, and asked the officer whether the arrest had been made in a manner that would ensure the accused's release. It further enquired whether any senior officials had instructed him to conduct the arrest in such a way as to benefit the accused.Observing that the lapses were serious, the Court said disciplinary proceedings must be initiated against the officials concerned and warned that it would intervene if the State failed to act."If you are not taking the assured actions, I shall step in and order an investigation to find out who are the persons behind it." Court said. The Court stressed that investigating officers must ensure that no loopholes are left for accused persons to escape prosecution, particularly in sensitive cases."In a sensitive case like this, you must have the capacity to look into the investigation in a way to ensure that no loopholes is provided to the accused to get out of the clutches of prosecution and also the investigation...It should not happen hereafter…" Court orally said to the Superintendent of Police. Examining the investigating officer's report, the Court noted that it stated the arrest had been effected pursuant to directions issued by the Supreme Court. The Court clarified that the decision to arrest an accused is the prerogative of the investigating officer and cannot be justified merely by referring to judicial directions."Arrest is your prerogative.. grant of bail is the duty of the Court.. In cases this Court may grant or reject the bail, but you are bound to obey the law in accordance with the prescribed procedure including the guidelines issued by the Supreme Court and High Court without fail. Once you fail in exercising the duty that is very serious, definitely warrants disciplinary proceedings of stringent nature.. " Court said. The Court further remarked that he had noticed several instances where investigating officers were not communicating the grounds of arrest in the manner intended by the Supreme Court, resulting in the release of accused persons."I have noticed that many investigating officers in one way or the other doing something.. giving grounds of arrest not in the manner intended by the Supreme Court.. ultimately to get them released on the ground of non- furnishing of ground of arrest." the Court said. "The situation is very pathetic. In serious crimes, the police are not doing their duty and the Court has to step in and issue orders and guidelines to ensure their arrest. That is not the fair way of dealing things," Court added.In its order, the Court recorded a prima facie finding that the grounds of arrest, as mandated by the Supreme Court, had not been properly furnished in the present case, which resulted in the release of the accused. It also reminded the Public Prosecutor about the need to initiate disciplinary proceedings against the officials responsible.The matter is adjourned for two weeks. BackgroundDr. M. Kodanda Ram, is arrayed as the prime accused in the suicide abetment case of Dental College student Nithin Raj. Dr. Ram is the Head of Department of Dental Anatomy at Kannur Dental College where Nithin Raj was enrolled.The High Court had previously dismissed the criminal appeal filed by Dr. Ram seeking pre-arrest bail in the suicide abetment case. Subsequently, the accused has moved to the Supreme court seeking anticipatory bail. This plea was dismissed by the Supreme Court as well. The prosecution allegation is that the deceased student committed suicide due to the constant mental harassment of Dr. Ram. It is further alleged that Dr. Ram humiliated the deceased in front of his classmates, knowing fully well that he was a member of the Scheduled Caste community.The offences alleged against him...

'Situation Very Pathetic': Kerala High Court Flags Pattern Of Police Not Communicating Grounds Of Arrest, Enabling Accused To Secure Release

Anamika MJ

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'Situation Very Pathetic': Kerala High Court Flags Pattern Of Police Not Communicating Grounds Of Arrest, Enabling Accused To Secure Release

Anamika MJ

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