Whether accused can claim bail on ground that all materials collected during investigation are not reproduced in remand report?
The contention raised by the counsel that the remand reports
are lacking in material particulars is also without merit. I have gone
through the remand reports. Necessary details are available in the
remand reports. A remand report is for the purpose of enabling the
Magistrate to satisfy himself of the necessity to remand the accused. A
particular remand report has significance only for the period during
which the accused is remanded, unless the same is relied on for the
remand of the accused for subsequent period also. A remand report
need not contain all the details which are available in the First
Information Statement and the other materials collected during
investigation. The remand report need only contain sufficient materials
to arrive at the conclusion that detention of the accused is necessary or
the continued detention of the accused is necessary. In other words, a
remand report is not a substitute for the material papers to be supplied
on appearance of the accused. An accused is not entitled to contend
that he is entitled to be released on bail on the ground that all the
materials collected during the investigation are not reproduced in the
remand report.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5786 of 2011()
SUNNY, S/O. JOSEPH,
... Petitioner
Vs
STATE, REPRESENTED BY THE
The Hon'ble MR. Justice K.T.SANKARAN
Dated :08/08/2011
Citation: ILR2011(3)Kerala778, 2011 (3) KHC 603, 2011(3)KLJ531, 2011(3)KLT885
are lacking in material particulars is also without merit. I have gone
through the remand reports. Necessary details are available in the
remand reports. A remand report is for the purpose of enabling the
Magistrate to satisfy himself of the necessity to remand the accused. A
particular remand report has significance only for the period during
which the accused is remanded, unless the same is relied on for the
remand of the accused for subsequent period also. A remand report
need not contain all the details which are available in the First
Information Statement and the other materials collected during
investigation. The remand report need only contain sufficient materials
to arrive at the conclusion that detention of the accused is necessary or
the continued detention of the accused is necessary. In other words, a
remand report is not a substitute for the material papers to be supplied
on appearance of the accused. An accused is not entitled to contend
that he is entitled to be released on bail on the ground that all the
materials collected during the investigation are not reproduced in the
remand report.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5786 of 2011()
SUNNY, S/O. JOSEPH,
... Petitioner
Vs
STATE, REPRESENTED BY THE
The Hon'ble MR. Justice K.T.SANKARAN
Dated :08/08/2011
Citation: ILR2011(3)Kerala778, 2011 (3) KHC 603, 2011(3)KLJ531, 2011(3)KLT885
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