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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.

National News

CM Vijay may sign faith declaration before September 28 visit to Madurai Meenakshi temple

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Madurai, Sep 27: Tamil Nadu Chief Minister C. Joseph Vijay is likely to offer prayers at the Meenakshi Amman Temple on September 28 on his first visit since taking office.

Temple officials said he may be asked to sign a declaration affirming his faith in Hinduism before entering the inner shrines.

The proposed temple visit is scheduled for 4 p.m., after he launches a newborn scheme at Government Rajaji Hospital and opens the renovated Gandhi Museum.

Police, however, said only the hospital and museum events were on the official itinerary so far, and that a temple visit would depend on Vijay’s decision.

Temple officials said entry to the shrines of the Goddess and Lord Sundareswarar is restricted to Hindus. They cited a Madurai Bench of the Madras High Court ruling that permits non-Hindus to worship after making a declaration.

CM Vijay, who is Christian, would either submit a declaration stating his faith in Hinduism or sign an application to that effect, the officials said.

The final arrangements have not been announced yet. The Chief Minister is expected to arrive by private aircraft at 11 a.m. Barricades have been installed along both sides of the airport road for his reception, and he is likely to greet supporters from an open-top vehicle.

His convoy will then travel via the Ring Road to Government Rajaji Hospital, where he will launch the Thai Maman Gold Ring Scheme for babies born in government hospitals.

At 1 p.m., CM Vijay is scheduled to inaugurate the Gandhi Museum, renovated at a cost of Rs 10.25 crore. He will then go to the Circuit House for lunch and a short rest.

Officials have reportedly been told to remain prepared in case he makes an unscheduled stop at a government office on the way.

If the temple visit goes ahead, its administration plans to receive him with a traditional poorna kumbham welcome. Devotees may be barred from entering the temple from the afternoon until he leaves, with an official announcement on the arrangements expected on September 27.

CM Vijay is scheduled to leave Madurai for Chennai at about 5 p.m. after completing his engagements. Police are making security arrangements along the routes to the hospital, museum and temple ahead of the visit.

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Crime

Crime Branch Kashmir arrests long-absconding accused in multi-crore fraud case

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Srinagar, Sep 27: The Economic Offences Wing (EOW) Kashmir of J&K Crime Branch said on Sunday it has arrested a long-absconding accused in a multi-crore fraud case.

A statement said that the Economic Offences Wing (EOW) Kashmir, Crime Branch, J&K, has arrested an accused person, Soom Nath Koul, son of Kalash Nath Koul, Resident of 22-Lotus Tower, Bangalore North, Karnataka, presently residing at Janipur, Jammu, in compliance with the orders of the Court of the Sub-Judge, Srinagar.

A special team of this investigation agency was constituted to execute the orders passed by the Court. The team, after sustained efforts and following due procedure, succeeded in tracing and apprehending the accused. The accused had remained absconding for several years.

During this period, ‘Hue and Cry Notices’ were issued and published from time to time to trace and identify the accused. Despite sustained efforts to locate him, the accused allegedly continued to evade detection and was reportedly using different identities.

The accused is involved in many cases registered with the Crime Branch, Kashmir. A total of five cases have been registered against him, pertaining to allegations of cheating, forgery and land-related fraud involving migrant properties through fake Powers of Attorney and agreements to sell.

In one of the cases, a chargesheet was filed against the accused in absentia under Section 512 CrPC. During the course of investigation, it emerged that the accused allegedly induced individuals to purchase land by representing himself under different identities, including Soom Nath Koul, Brij Nath Bhat, Mohan Lal Dhar and Hadi Nath Dhar, and cheated them in connection with land transactions.

The investigation has further revealed allegations of fraud involving crores of rupees, committed in connivance with other accused persons. Pertinently, during the course of the investigation, one Ghulam Mohi-Ud-Din Dar, son of Abdul Khaliq Dar, resident of Jawalapora, Samson, Budgam, was arrested last week.

He was found to be involved in the same case. The arrest of Soom Nath Koul, alias Brij Nath Bhat, alias Hadi Nath Dhar, alias Mohan Lal Dhar, forms part of the ongoing investigation into the above-mentioned cases.

Further investigation is underway to ascertain the complete extent of the alleged financial fraud, the land transactions involved, and the role of other persons allegedly connected with the offences.

“The general public is advised to remain vigilant against economic fraudsters and report any such incidents directly to SSP EOW Srinagar (Crime Branch J&K), Abdul Waheed Shah. If you have been a victim of economic fraud, you may also send your complaint to the official email: sspeow-kmr@jkpolice.gov.in”, the statement said.

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National News

Three elephants die after touching live wire in Bengal’s Salboni

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Kolkata, Sep 27: The bodies of three elephants — a mother elephant and her two calves — were spotted in a paddy field at Salboni in West Midnapore district of West Bengal, on Sunday morning.

An initial investigation has suggested that the three elephants came in contact with a high-tension electricity wire.

The bodies were first noticed by the local villagers in the morning, who subsequently brought the matter to the notice of the local forest department office.

According to local sources, a herd of elephants was passing through the village. An electric pump was installed to irrigate the farmland with a live wire passing through the land. It is believed that the three elephants died after touching the wire and getting electrocuted.

At the time the report was filed, the forest department officials had reached the spot and started an investigation. They said that the cause of the deaths will be clear after the autopsy.

However, an insider from the state forest department said that the electrocution death of elephants is nothing new in the Jangalmahal region, which is a major elephant zone in the state.

“In the past, elephants died in these forest areas due to electrocution. There had been a lot of uproar about that. There has been a common tendency among farmers in the region to surround their farmlands with electric wires to protect their crops,” the state forest department official said.

Last month, a middle-aged tusker died after getting electrocuted as it came into contact with an illegally energised fence erected around farmland in the Falakata block of Alipurduar district.

The state forest department insider said that in the past, there had been several attempts by the department to stop the villagers from erecting illegally energised fences around their farmland, as this causes elephant deaths, especially when they are passing in a herd from one forest to another.

“Earlier, there had been instances of penalising the offenders on this count. However, the fencing activity has continued,” he added.

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