During the hearing on the bail plea of Tenny Joppen and Shalu Menon in the High Court, it was pointed out that businessman Sreedharan Nair, in his complaint, had made allegations against some other officials in the Chief Minister’s office also.
Dandapani submitted that the probe against Joppen was almost complete and further detention was not required for concluding the investigation. The court chided the Pathanamthitta Judicial First Class Magistrate for remanding Joppen in judicial custody for 30 days at a stretch.
“Remand of an accused in judicial or police custody cannot be done in a mechanical manner. Joppen was remanded without even considering the report filed by the investigating officer. It was done solely on the submission of the Assistant Public Prosecutor who had expressed difficulties in providing police escort during production of the accused, which never can be considered as ground for ordering continuous detention,” it observed.
The maximum period of remand of an accused after the expiry of 15 days from the date of the first remand is 15 days if there is no justifiable cause.
“The issue regarding the constitution of an SIT under ADGP Hemachandran is highly complicated. It has been left for consideration at an appropriate stage by the magistrate concerned before whom final report will be filed,” the court said.