Kerala HC Orders Strict Bail Compliance for Officers

The Kerala High Court has mandated that all criminal courts in the state must rigorously verify pre-arrest formalities before considering remand applications. This directive aims to prevent accused individuals from securing bail solely due to investigating officers' non-compliance with established procedures. Judges are now required to obtain an endorsement on the proceedings sheet confirming adherence to these formalities and that the accused has no objections.

In cases where deliberate non-compliance is observed, magistrates and special judges are empowered to recommend disciplinary action against the investigating or arresting officers. These instructions were issued while hearing a bail plea from a deputy range forest officer accused of sexually assaulting a colleague at his workplace. The court acknowledged that the allegations, as per the First Information Statement, were prima facie established.

Despite the serious nature of the allegations, the high court set aside the special judge's order denying regular bail. The accused was granted bail, recognizing his status as a first-time offender. He was required to furnish a bond of Rs 1,00,000 with two sureties, and is prohibited from intimidating witnesses, tampering with evidence, or disturbing the complainant. The court also emphasized that he must cooperate with the ongoing investigation.