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Can’t grant anticipatory bail merely because custodial interrogation not required: SC

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The Supreme Court has set aside a Kerala High Court order granting anticipatory bail to an accused under the Protection of Children from Sexual Offences Act, 2012, holding that anticipatory bail cannot be granted merely because custodial interrogation is not required.

Criticising the high court order, a bench of Justices Surya Kant and J.B. Pardiwala said: “There may be many cases in which the custodial interrogation of the accused may not be required, but that does not mean that the prima facie case against the accused should be ignored or overlooked and he should be granted anticipatory bail.”

It said the first and foremost thing that the court, hearing an anticipatory bail application, should consider is the prima facie case put up against the accused, thereafter, the nature of the offence should be looked into along with the severity of the punishment.

It added that custodial interrogation can be one of the grounds to decline anticipatory bail, however, even if custodial interrogation is not required or necessitated, by itself, cannot be a ground to grant anticipatory bail.

The complainant’s counsel submitted before the bench that the high court wrongly exercised its discretion while granting anticipatory bail to the accused in a very serious crime like POCSO and, therefore, the order passed by the high court should be quashed and set aside.

The bench said: “In many anticipatory bail matters, we have noticed one common argument being canvassed that no custodial interrogation is required and, therefore, anticipatory bail may be granted. There appears to be a serious misconception of law that if no case for custodial interrogation is made out by the prosecution, then that alone would be a good ground to grant anticipatory bail.”

It noted the victim is traumatised to such a high degree that her academic pursuits have been adversely impacted alone, coupled with the legislative intent especially reflected through Section 29 of the POCSO Act, are sufficient to dissuade a court from exercising its discretionary jurisdiction in granting pre-arrest bail.

As the accused’s counsel submitted that charge sheet has already been filed, the court said: “It will be unfair to presume on our part that the Investigating Officer does not require Respondent No 1 for custodial interrogation for the purpose of further investigation.”

“Be that as it may, even assuming it a case where Respondent No 1 is not required for custodial interrogation, we are satisfied that the high court ought not to have granted discretionary relief of anticipatory bail.”

Setting aside the high court order, the top court said the high court ought not to have exercised its jurisdiction in granting protection against arrest as the investigating officer deserves a free hand to take the probe to its logical conclusion.

Business

Centre’s fertiliser supplies to states scale record high of 530 lakh metric tons in April-December

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New Delhi, Jan 30: Fertiliser movement from the Centre to the states on Indian Railways, during the first nine months (April-December) of the financial year 2025-26, reached an all-time high with total supplies crossing 530.16 lakh metric tons to surpass the 500 lakh metric ton mark for the first time during this period, an official statement said on Friday.

This represents a 12.2 per cent increase over the corresponding period of FY 2024–25 and is 8.5 per cent higher than the previous record of FY 2023–24, it said.

The Centre has ensured sufficient availability of all major fertilisers across states, including the supply of 350.45 lakh metric tons of urea, against a requirement of 312.40 lakh metric tons in the first nine months (April-December) of the financial year 2025-26. Similarly, in the case of major P&K (phosphorous and potassium) fertilizers including DAP, MOP & NPKS, the total supply reached 287.69 lakh metric tonnes against the requirement of 252.81 lakh metric tonnes, consistently exceeding the assessed requirement and ensuring uninterrupted availability, the statement said.

Faster and smoother movement of fertiliser rakes enabled timely supplies to states, ensuring that farmers did not face any shortages during the critical stages of cultivation. Department of Fertilisers worked in close cooperation with the Ministry of Railways and stated that such coordinated efforts have helped ensure adequate availability of fertilisers across the country, the statement added.

During this period, average rake loading on Indian Railways increased to 72 rakes per day in July 2025, rose to 78 rakes per day in August 2025 and reached 80 rakes per day in September 2025, according to the official figures.

Urea rake movement rose to 10,841 rakes, registering an 8 per cent increase over last year, while P&K fertilisers recorded 8,806 rakes, marking an 18 per cent growth. Enhanced coordination with the Ministry of Railways, ports, state governments, and fertiliser companies ensured seamless and timely supply to states during peak agricultural seasons, the statement said.

Ensuring the timely availability of fertilisers to farmers has remained one of the government’s highest priorities. In this direction, the improved coordination between the Ministry of Railways and the Department of Fertilisers during Kharif 2025 and the ongoing Rabi season was clearly visible at the ground level. The states also took concerted measures to ensure last-mile availability to farmers, the statement added.

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National News

Shinde Sena’s Sharmila Pimpolkar Set To Become Thane Mayor, BJP’s Krishna Patil Deputy Mayor; Both Elected Unopposed

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Thane: Sharmila Rohit Pimpolkar of the Shiv Sena (Shinde faction) is set to be appointed as the Mayor of the Thane Municipal Corporation (TMC), while Krishna Dadu Patil of the Bharatiya Janata Party (BJP) will assume charge as the Deputy Mayor. Both leaders were elected unopposed after filing their nominations on the final day for submitting nomination papers for the mayoral posts.

Pimpolkar filed her nomination for the Mayor’s post, while Patil submitted his papers for the Deputy Mayor’s position. No other candidates entered the fray for either post, clearing the way for their unopposed election. The official announcement confirming their appointments is scheduled to be made on February 3.

A meeting related to the mayoral election process was held at the Thane Municipal Corporation headquarters in the presence of Deputy Chief Minister Eknath Shinde. Several senior leaders attended the meeting, including Transport Minister Pratap Sarnaik, Thane MP Naresh Mhaske, BJP MLA Niranjan Davkhare, Ravindra Phatak and other party functionaries.

Meanwhile, reports indicated that the Shinde Sena has categorically refused the BJP’s demand to rotate the Mayor’s post for two years in Thane. In the recently concluded Thane Municipal Corporation elections, the Shinde Sena emerged as the dominant force with 75 seats, while the BJP secured 28 seats. Citing its clear numerical strength, the Shiv Sena has reportedly conveyed at the local level that it will not hand over the Mayor’s post to the BJP even for a year.

Following the refusal, BJP leaders are said to have staked claim to key power centres within the civic body, including the Standing Committee, Transport Committee, various subject committees, ward committees and the Education Board. Shinde Sena reportedly proposed that the BJP accept the Deputy Mayor’s post, while committees and ward panels could be shared between the two parties for fixed tenures of three and two years respectively.

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Crime

Mumbai Crime: Undertrial Prisoner Assaults Policeman Inside Arthur Road Jail, Case Registered

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Mumbai: A shocking incident has come to light from Mumbai’s Arthur Road Jail, where an undertrial prisoner allegedly assaulted a police constable on duty.

The accused, Lokendra Uday Singh Rawat (35), is reported to have headbutted Police Constable Hani Baburao Wagh (30), causing injuries to his nose, and also abused and pushed other on-duty police personnel. A case has been registered in this connection at the N. M. Joshi Marg police station.

According to the FIR, the complainant, Police Constable Wagh, is attached to Armed Police Division–2, Tardeo. On January 27, he reported for his 24-hour day-duty shift at Arthur Road Jail at around 8 am and was assigned security duty at the main entrance of the prison.

At around 9 pm, Armed Police Constables Suresh Sandu Mali and Sachin Chavan brought undertrial Lokendra Rawat back to the jail after producing him before the Dindoshi Court. Rawat allegedly appeared agitated and, after entering the jail premises, sat near the gate and began verbally abusing the police personnel on duty.

Constable Wagh asked Rawat to calm down and refrain from using abusive language. However, Rawat allegedly became more aggressive and continued shouting abuses. When Wagh approached him again to pacify the situation, Rawat suddenly headbutted him on the nose with force.

As a result, Constable Wagh sustained injuries and started bleeding. Fellow constables Sachin Chavan and Suresh Mali immediately intervened, restrained the accused, and informed the on-duty prison authorities about the incident. Rawat was subsequently sent for medical examination to Sir J.J. Hospital.

After receiving medical treatment, the injured constable lodged a formal complaint on January 28 at the N. M. Joshi Marg police station. Based on the complaint, police have registered a case against the undertrial under relevant sections of the Bharatiya Nyaya Sanhita (BNS). Further investigation is ongoing.

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