Custodial interrogation not required based on the ‘nature’ and ‘gravity’ of the crime: Kerala HC

Kerala High Court: A Single Judge Bench of Raja Vijayaraghavan J., decided a bail application filed under Section 483 of the Code of Criminal Procedure, 1973 wherein the Court granted anticipatory bail to the applicant.

As per the facts of the case, the applicant was accused under Section 34 of the IPC. Further, the accused 1 to 4 were alleged to have abducted the de facto complainant and extorted money from him. The accused argued that the de facto complainant had made no allegations against him in the complaint. It was later based on the statement given by one of the accused that the applicant was roped in after several years.

The High Court observed that looking at the nature and gravity of the allegations, the role attributed to the applicant and the evidence in support a custodial interrogation of the applicant was not necessary for an effective investigation. Further, the Court directed the applicant to appear before the investigating officer within ten days from the date of present order and undergo interrogation also, on a proposal to be arrested he shall be released on bail. Thus, the court allowed the anticipatory bail application. [Moidu v. State of Kerala,2018 SCC OnLine Ker 2824, order dated 25-07-2018]

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