Magistrates not to exercise power of remand mechanically: HC

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Chennai, Aug 12 (UNI) Madras High Court(HC) today ruled that remand of an accused should not be ordered mechanically and sufficient grounds must exist for a magistrate to exercise the power of remand.

Passing orders on a petition seeking to modify a bail order, Mr Justice R Regupathi said requisition for remand by the police should be accompanied by other case diary, whereupon the magistrate should satisfy himself as to the adequacy and genuineness of the grounds necessitating judicial custody.

The magistrate should be alert to see that the liberty of the citizen was not violated by other police due to arbitrary exercise of power. Though a detailed speaking order was not required for remand, application of judicial mind was absolutely necessary.

The Judge said the object behind enactment of section 498-A IPC and Dowry Prohibition Act was to curb the dowry menace. ''Our experience shows that, apart from the husband, all family members are implicated and dragged to the police stations.'' ''Though arrest of those persons was not at all necessary, in several cases, such harassment was made simply to satisfy the complainant's ego and anger.'' By suitably dealing with such matters, the injury to innocents could be a avoided to a considerable extent by magistrates; but if the magistrates themselves acceded to the bare request of police without examining the actual state of affairs, it would create negative effects. The husband and his family members may have differences of opinions in the dispute, for which, arrest and judicial remand were not the answers.

The observation was passed by the court, while releasing a 24-year-old petitioner Romaiah on bail in a dowry case. The petitioner had alleged that he was beaten up by police when he was in custody.


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