Cleared/375 Words
“We, therefore, will not be justified in holding that the FIR registered by CB-CID has to be quashed.
Expressing shock and surprise, the judges said, “The prosecution did not claim that the grounds of arrest had been served. On the other hand, according to the trial magistrate, the fact that the arrestee is a police officer and that his spouse is a lawyer are circumstances that justify dispensing with the constitutional requirement. The court was hearing the habeas corpus petition filed by Innisai, wife of Sugumaran. The CB-CID arrested Sugumaran for allegedly extorting Rs5 crore in a dispute between the partners of a private hospital in the district. No such finding was recorded by the trial magistrate. The judges observed that they are not concerned with the merits of the matter. That is an independent battle which Sugumaran may have to wage. Whether the fundamental rights of Sugumaran were breached in the matter of his arrest and remand is the only point for consideration before us. No doubt, Sugumaran is a police officer accused of having played ‘Katta panchayat’. But even such a person deserves due process.”
Madurai: Holding that the arrest and remand of suspended Thanjavur DCB inspector Sugumaran in connection with an extortion case were illegal as the grounds of arrest were not served to him, Madras high court on Friday ordered that he should be released forthwith.