MADURAI: The Madurai Bench of the Madras High Court on Friday ordered the immediate and unconditional release of suspended Inspector of District Crime Branch, Thanjavur, Sugumaran, declaring his arrest and remand illegal after the CB-CID failed to establish that it had recorded reasons justifying his arrest despite his compliance with a notice to appear for inquiry.

A Division Bench comprising Justices GR Swaminathan and P Murugan also held that the prosecution failed to produce evidence that the grounds of arrest had been communicated to him, in violation of the constitutional safeguards under Articles 21 and 22.

Sugumaran was arrested on October 9 following allegations that he had extorted money from Saravanan, one of the partners of A to Z Speciality Hospital in Thanjavur, following a dispute between the hospital partners. On October 16, the Judicial Magistrate, Thiruvaiyaru, dismissed his bail application.

The court noted that Sugumaran had appeared before the CB-CID on October 9 in response to a notice issued under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), and he was arrested at 5 pm after questioning.

The judges observed that under Section 35(5) of the BNSS, a person who complies with a notice to appear cannot be arrested unless the investigating officer records reasons for considering the arrest necessary. The authorities failed to produce any material to establish compliance with this mandatory requirement. The court held that this alone was sufficient to declare the arrest and remand illegal.

The Bench also referred to Saravanan's allegation that the Rs 5 crore he claimed to have been coerced into paying was intended for Sugumaran and his higher-ups. However, the court clarified that it was not examining the merits of the criminal allegations or deciding whether the CB-CID case should be quashed.

“No doubt, Sugumaran is a police officer accused of having played an unauthorised mediator. But even such a person deserves due process,” the Bench observed, emphasising that constitutional protections must apply regardless of the nature of the allegations or the person accused.

The court allowed the habeas corpus petition and directed the authorities to release Sugumaran forthwith and unconditionally. It clarified that the order was not a grant of bail but an order for unconditional release because his arrest, detention and remand were illegal.