MUHAMMED RAFI Vs. SATHEESH KUMAR M.V.

JUDGEMENT

(1.) The above Contempt of Court Case (Civil) is filed by the petitioner, who is the sole accused in Crime No. 254 of 2022 registered by Wadakkancherry Police Station, Thrissur District, for offences punishable under Ss. 406 and 420 of the Indian Penal Code.

(2.) The petitioner submits that he was arrested in total violation of the judgment of the Supreme Court in [Arnesh Kumar v. State of Bihar and Anr. [2014 (3) KHC 69]. There was non-compliance of issuance of notice under Sec. 41A of the Code of Criminal Procedure, 1973 ('Cr.P.C.' for short), before arresting the petitioner. The action of the respondent is aggravated as the respondent had also violated Annexure-A3, an order in an application seeking anticipatory bail, which after recording the submission of the learned Public Prosecutor that no case was registered against the petitioner, dismissed the petition with a direction to the Station House Officer, Wadakkancherry to give notice under Sec. 41A of Cr.P.C., if the presence of the petitioner is required for any legal necessity. The petitioner submits that it is in gross violation of the judgment of the Hon'ble Supreme Court as well as the direction of the Sessions Court referred above, the petitioner was arrested on 18/3/2022 at 4.30 p.m. On production before the learned Magistrate remanded the petitioner to judicial custody for a period of 14 days.

(3.) We had issued notice to the respondent who appeared and filed a counter affidavit on 13/6/2022, trying to justify his action and stating that there are serious charges against the accused and the immediate arrest of the accused was necessary to recover the belongings and also to avoid exerting external influence on the complainant and the witnesses.