Don’t remand those involved in petty crimes: Madras HC

Justice M S Ramesh noted that bail is the rule and jail is an exception and that people accused of crime are presumed to be innocent unless proven guilty. 

The judge, while granting anticipatory bail to a person who scolded the defacto complainant in filthy language and threatened to kill him and his father, said, “In view of established cardinal principles, it would be appropriate that the investigating officer as well as the trial court reappraise themselves about these cardinal principles and cautiously refrain from remanding the people involved.” 

He added, “The averments made in a complaint may not be of such a serious nature, which might require arrest of the accused, unless and until, the investigating officer comes to the conclusion that such an arrest is imminent and absolutely necessary.” The judge said that the jurisdictional trial courts have also been mechanically remanding such people. 

“It is needless to point out that when complaints are received for commission of heinous crime or offences which may have bearing on the society at large, or habitual offenders, etc., the police officers are at liberty to seek for judicial custody of the persons involved in such crimes and the magistrate may also be justified in remanding them,” the judge said.