KOCHI: High Court said that there should not be a situation where the accused in serious crimes can avoid arrest for years under the guise of an interim order obtained when they apply for anticipatory bail. Justice A Badharudeen directed the High Court Registrar (Judicial) to ensure that anticipatory bail petitions reach the bench in time for disposal. The single bench also pointed out the Supreme Court's directive that the High Courts should dispose of anticipatory bail applications within six weeks.

High Court said this while disposing of the anticipatory bail plea of ​​Peon MA Mohanan Nair, accused in the case of embezzling Rs 5.39 crore from the Konni Regional Cooperative Bank using forged documents. According to the anticipatory bail application filed on February 16, 2021, an interim order was issued preventing the arrest. The police completed the investigation without interrogating the suspect in custody or taking evidence and filed a charge sheet in the Pathanamthitta court on July 22, 2021. During this period, the anticipatory bail application came up for consideration by the court twice. After March 18, 2021, the petition did not come up for consideration. The court also said that it was necessary to check whether the investigation was effective.

There are hundreds of similar cases in the High Court. Suspects involved in serious crimes such as attempted murder, abuse, betrayal of trust and robbery have been avoiding arrest for years on the strength of an interim restraining order. Due to this, the investigation team has to issue a charge sheet without completing the procedures like custodial interrogation, collection of evidence, recovery of weapons and sexual fitness test, the High Court said.

The single bench, which disposed of the anticipatory bail application in the petitioner's case, directed him to approach the lower court for bail.