Police rapped for detention of billiards player

Granting conditional bail to the player, the court has warned the police of disciplinary action for resorting to such illegal arrests and the magistrates for mechanical remand of those detained.

Observing that this is yet another case which brings to focus the sordid state of affairs prevailing in this state with regard to arrest and remand of accused persons, Justice Anand Venkatesh said, “In the considered view of this Court, the arrest and remand of this petitioner (Billiards player and engineering student) is in direct violation of the guidelines given by this Court in StateVs. Nakeeran Gopal. It is unfortunate that the in-charge Magistrate has also acted mechanically in remanding this petitioner to Judicial Custody.”

“This Court has already given a very long rope and has attempted to sensitise and educate police and magistrates regarding arrest and remand. It is now time for action. This case must send clear indications to the police as well as the judicial magistrates that this Court will not hesitate to give directions to take disciplinary action against police for illegal arrest and against magistrates for mechanical remand, in violation of law and the guidelines given by the Supreme Court and this Court,” the judge added.

As per the prosecution, four persons, including the petitioner, were arrested after Muthialpet Police led by its inspector had intercepted a vehicle on February 22, 2019, carrying nine red sanders wood. The District Forest Officer was also informed about the arrest and the arrest memo prepared by the Forest Ranger read as if all the four accused persons were found in possession of redsanders.

But contrary to the arrest memo, the state-level billiards player, who is also an engineering student and ranked A-4 in the arrest memo, had confessed that the accused (A-2) was his billiards coach. On February 22, he had agreed to drop A-2 at Thangasalai. But based on A-2s request, he had halted near Thambu Chetty Street, Parrys Corner and as A-2 was talking to someone, police rushed in there and arrested them.

However, Justice Anand Venkatesh on holding that the police inspector did not even bother to prima facie satisfy himself as to whether the student had anything to do with the alleged offence, said, “It is very clear from the records that this petitioner was arrested on the sole ground that he had taken A-2 in his two-wheeler and was present along with him.”

Noting that the stigma that is attached to an arrest in this society, is going to be carried by this petitioner for a long time, the judge directed the in-charge Magistrate viz; V Metropolitan Magistrate, Egmore to submit his explanation as to why he resorted to remand of the petitioner on or before February 28, when the case will be taken up for furtherhearing.

The judge in his order also held “considering the enormity of the situation and blatant violation of Article 21 of the Constitution of India, as an extraordinary case, this Court thought it fit to directly entertain the bail petition in the High Court.”