Arrest not mandatory during probe in all cases, says HC

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. 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 CrPC only when an anticipatory bail petition was filed, adding that they could independently take a decision in accordance with the guidelines.

The judge said henceforth, in all anticipatory bail petitions filed before the HC 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.