Arrest Procedure Under Sec 41A CrPC And Arnesh Kumar Guidelines, If Violated, Would Attract Action Against Police Officials

KEY TAKAWAYS

The Telangana HC while hearing the anticipatory bail application granted liberty to the accused to initiate proceedings against the police officials if the guidelines given in ‘Arnesh Kumar’ case are not followed and the procedure for arrest under section 41 CrPC is violated.

DETAILS

• The complainant alleged that the petitioner asked him to pay Rs. 10,00,00/- for providing him a job abroad. The complainant paid Rs. 8,00,000/- through cheque and 2,00,000/- by cash. However, he was not provided with a job and was making efforts to leave this country.
• The counsel for the petitioner contended that the punishment prescribes for the offences is below seven years and the police had issued notice under Section 41-A CrPC but they are still not following procedure under the said section and threatening the petitioner to enter into compromise with the complainant.
• The HC passed an interim order regarding this petition on 8-11-2021 which directed the Station House Officer, Tukaramgate Police Station is directed to follow procedure under Section 41-A Cr.P.C. and guidelines that were issued by the Apex Court in the case of ‘Arnesh Kumar's’.
• The petitioner submitted that in spite of this order passed by the court, the respondents are still pressurizing the petitioner to enter into compromise with the complainant and threatening to arrest him.

SUPREME COURT JUDGEMENT

• The court held that “if the petitioner is aggrieved by the action of the police in not following the procedure contemplated under Section 41-A Cr.P.C. and resorting to other means and measures by threatening him to compromise the matter, petitioner is at liberty to initiate appropriate proceedings against the officers concerned.”
• It was also noted that since the notice was issued under section 41-A CrPC, the police is bound to follow the procedure issued by the Apex court in Arnesh Kumar v. State of Bihar, AIR 2014 SC 2756. The court said that any deviation in this regard will be viewed he seriously.
• Justice Lalita Kanneganti discussed the strict limitations of furnishing certified copies of bail orders for release when the petitioner requested a copy of the order on the same day apprehending arrest by police.
• The court stated that an accused's indefeasible right to bail, as protected by the constitution, is insufficient if the bail orders are not issued in a timely way. As a result, the Telangana High Court has removed the need for certified copies of bail orders, stating that e-copies will be acceptable beginning November 22nd.

QUESTIONS

1. What is anticipatory bail?
2. What does Section 41-A of CrPC say?

Share your views in the comments section below.