Police should ensure there is no interim order preventing arrest of accused: HC

KOCHI: The High Court has asked the police to ensure that there is no interim order preventing the arrest of accused persons, who have filed anticipatory bail, before arresting them. Justice PV Kunjikrishnan clarified that the police have an obligation to inquire with the prosecutor and ensure this. The DGP should issue instructions to the police stations in this regard.

The new order comes after the police arrested Niyas Ali, a resident of Malappuram's Pookottoor, in a financial transaction case with KSFE, bypassing the High Court's interim order. Last December, the High Court reserved Niyas Ali's anticipatory bail plea for later consideration. Ignoring this, Thamarassery CI arrested the accused. When the petition was re-considered, the High Court ordered the Thamarassery CI to appear in person after the petitioner's lawyer disclosed the arrest information. Appearing in the court, the CI pleaded that it was a mistake and should be shown mercy. The KSFE manager stated that the interim order said that the accused should not be arrested till January 16 and the petition was not considered after this date. It was also explained that the accused was arrested on April 29. In this situation, the High Court stated that there is no reason for action against the police officer and suggested that it should be ensured that there is an interim order preventing the arrest. It has also been clarified that in case of arrest, the accused can approach the lower court for bail.