Madras high court
CHENNAI: Madras high court on Thursday deferred the arrest of the owner of the mechanised fishing boat — Selvazhagan — in which nine Kasimedu fishermen venture into the sea on Oct 29 and went missing after the vessel suffered an engine breakdown. He feared arrest by the Royapuram police for the offence under Section 106 (causing death negligent act) of BNS. Responding to the plea, additional public prosecutor Arun Anbumani submitted that on the basis of a complaint given by Parvathi, wife of Pakkiri Surya, the fishing harbour police station registered an FIR on Nov 3. “On Oct 28, the fisheries department had informed the owners that the ships / boats must not venture out. “However, the petitioner shall present himself before the police every day at 10am or 6pm or whenever he is so required, for inquiry till Nov 11.
Therefore, the petitioner had been called upon to present himself before the police,” he said.
Recording the submissions, the court said, “This case would require a counter from the police. The remand proceedings will be deferred until then,” the court said. Justice V Lakshminarayanan passed the interim order on a plea moved by D Selvazhagan, a resident of Royapuram and owner of the boat. However, the petitioner had pressured the crew to move the shores. He added that the petitioner was yet to be remanded and was being inquired in on premises of the fishing harbour police station. As the facts are more or less clear, prima facie, this court is of the view that custodial interrogation is not necessary in this case.