Only investigation agency entrusted with a probe can decide if accused should be arrested, says SC; quashes HC direction on arrest

THE Supreme Court Friday quashed the direction of the Karnataka High Court directing the investigation officer to take the accused into custody and produce him before the concerned jurisdictional Court.

A vacation bench of Justices Hemant Gupta and V Ramasubramanium said such direction to take the accused into custody was beyond the jurisdiction of the High Court.

"Whether an accused is liable to be arrested is based upon the decision of the Investigating Officer depending upon the material collected during the investigation which may be conducted in a particular crime. It is for the Investigation Agency to whom the investigation has been entrusted to take a call as to when the petitioner is to be arrested", the Supreme Court held.

The top court was ruling on an appeal against the high court order canceling anticipatory bail granted to the petitioner for the offences under Section 323 (Punishment for voluntarily causing hurt.) and Section 376 (Punishment for rape.) of the Indian Penal Code (IPC).

The apex court disposed of the appeal quashing the direction of the high court to arrest the accused while leaving the rest of the order intact. It clarified it is open to the Investigating Officer to take a call as to when the petitioner is to be arrested or not.

Click here to read the order