HC directs special court to issue non-bailable arrest warrant against 3 cops

Justice AD Jagadish Chandira passed the order on disposing of an appeal petition moved by deputy superintendent of police, Metro Wing-I, CB-CID. The petitioner sought direction to the metropolitan magistrate to issue a non-bailable arrest warrant against the three policemen namely A Sivakumar (assistant commissioner of police), Pandiayarajan (sub-inspector) and M Saravanan (inspector).

The cops were booked by the CB-CID on charges of illegally transferring the properties of Rajesh, a Chennai-based businessman by abducting and assaulting him with the help of rowdy elements.

“As the accused evaded investigation, a petition was moved before the metropolitan magistrate, special court for CCB and CB-CID seeking directions to issue non-bailable warrant against them under CrPC Section 73. However, the magistrate dismissed the petition on 01.02.2022 citing that the said specific provision is for issuing a warrant to the pending cases, not for issuing a warrant to the investigation,” the CB-CID DSP said in his affidavit.

On recording the charges, Justice AD Jagadish Chandira by referring a verdict of Supreme Court in a case of CBI Vs Dawood Ibrahim Kaskar, there is no bar for the magistrate to legitimately exercise his power under Section 73 of CrPC for the person to be apprehended during investigation since the three policemen are accused of a non-bailable offence and are evading arrest.