Once bail granted, CBI cannot arrest accused without court’s permission: HC
A case investigated by the crime branch was taken over by the CBI when the accused was already on bail. But the CBI arrested the accused which provoked the High Court to nullify the same.
The High court observed that the CBI should have sought the permission of the court which granted the accused bail. Here it was not done, which was totally illegal, according to the High Court. Such incidents should not happen, the High Court warned.
It was a murder case in Thiruvananthapuram that was investigated by the Crime Branch. The case was then transferred to the CBI. Some of the accused who were already on bail were arrested by the CBI when they challenged it before the High Court. The High court was of the view that the investigating officer of the CBI should have obtained the permission of the court that granted bail to the accused. The CBI took the accused before the magistrate and remanded them.
The High Court observed that the Magistrate should have properly guided the CBI officer. Here it did not happen. The steps taken by both the magistrate and CBI were illegal. But the High Court was of the view that both the Magistrate and CBI officer had acted without malice and did not take any action against them.
The High Court released the accused on bail. The High Court, however, made it clear that the CBI was free to proceed in accordance with law.