CHENNAI: The Madras High Court has ordered the metropolitan magistrate of a special court for Crime Branch and CB-CID cases here to issue non-bailable arrest warrant against three police officials, including an Assistant Commissioner of Police (ACP), in connection with the infamous Thirumangalam abduction and extortion case.
Justice AD Jagadish Chandira recently passed the orders on a petition filed by the investigating officer (IO), the DSP of CB-CID Metro-I, Chennai seeking direction to the special court to issue the non-bailable warrant (NBW).
Quoting a Supreme Court order on the powers to issue an NBW against the accused persons in a case under investigation, the judge said Section 73 of the CrPC conferred the power upon the Magistrate to issue the warrant and that it could be exercised by him during the investigation also.
Since the three police officials — ACP Sivakumar, Inspector Pandiyarajan and Sub-Inspector Saravanan — were evading arrest, the only course left open to the IO was to ensure their presence by obtaining an order from the magistrate, the judge noted.
Finding no bar on the magistrate to legitimately exercise power under section 73 of the CrPC for the persons to be apprehended during investigation since the respondents are accused of non-bailable offence and evading arrest, he directed the magistrate to issue NBW.
The trio, serving in Thirumangalam range of Chennai city police, was accused of colluding with other accused, including Tharun Krishna Prasad, in allegedly abducting the complainant R Rajesh and his family members, subjecting them to torture, extortion and illegal transfer of properties.