KOCHI: The Kerala High Court on Tuesday observed police officers should not try to obtain remand of the accused in cases merely to satisfy the public.
The court made the observation while granting anticipatory bail to two accused, Praveen and Dipin, in the Jishnu Pranoy death case and allowing the bail plea of N K Sakthivel, the vice-principal of the Nehru College of Engineering and Research Centre at Pambadi, and the third accused in the case.
The prosecution invited the wrath of the court after it submitted the court should consider public sentiments while considering bail plea in such a case. Citing a Supreme Court order in the Sanjay Chandra case, the court said bail cannot be denied merely taking into account the public sentiments against the accused.
The directive of the Supreme Court is applicable not only to the courts but also to the investigating officers. In the Jishnu case, it was unfair on the part of the investigating officer to arrest Sakthivel while his anticipatory bail application was about to be disposed of.
The investigating officer’s duty being to conduct a fair probe, his attempt shall not be to somehow get an order against the accused, the court observed
The court held offence under section 306 (Abetment of suicide) will not stand against the accused. There was no mention regarding threat and harassment against the accused in the suicide note, it observed. In the earlier statement, the principal said Jishnu had committed minor irregularities.
But, he took a U-turn later and deposed he was forced to give statements against Jishnu at the instance of Krishnadas, chairman of the college. The court said the principal made contradictory statements. Being a retired professor, it cannot be beileved he would give false statements at the instance of accused persons in the case, the court observed.
While granting bail to Sakthivel, the court asked him to furnish details of his residential address and contact number. The court also declined the plea of prosecution seeking a directive the accused should not leave Kerala without the permission of the court. The court had granted Sakthivel interim bail on Monday.