05 April 2024 Police Action >> Criminal Law  

A Petitioner who claims his arrest by police violated legal procedure has been granted interim bail by a court. The petitioner alleges the police failed to follow proper protocol during his arrest on March 19th, 2024, in Ahmedabad.

The Petitioner argues that officers did not serve a mandatory notice under Section 41A of the CrPC before arresting him. This notice is typically required before an arrest can be made. Additionally, the Petitioner claims the arresting officers were in plain clothes and did not identify themselves as police.

The Petitioner also alleges that his phone was taken by the police and used for suspicious purposes, possibly to contact his family and demand money. These actions are claimed to be a violation of Supreme Court rulings on proper arrest procedures.

The court, finding a good chance (prima facie) that the Petitioner's rights were violated, ordered his release on bail with specific conditions. The court also directed the police to investigate the allegations further. This investigation includes obtaining call detail records (CDRs) for both the Petitioner's phone and the phone of the original suspect in the case.

The public prosecutor will have time to respond to the petition's claims before the case is heard again in court on May 3rd, 2024.