The Kerala High Court has directed all criminal courts in the state to ensure compliance with pre-arrest formalities before considering remand applications.
The high court specifically directed that before ordering remand, the magistrate or judge should get an endorsement in the proceedings sheet stating that the pre-arrest formalities have been complied with and the accused has no objection in this regard.
The court also warned that if the magistrate or judge notes deliberate intention by the investigating officer or arresting officer to not comply with the formalities, they shall recommend disciplinary proceedings against such officers.
The directions were issued while hearing the bail application of a deputy range forest officer accused of sexually assaulting a female beat forest officer at his workplace.
The high court granted the accused regular bail in view of his status as a first-time offender, but directed him to comply with several conditions, including not intimidating witnesses or tampering with evidence.
