Petition Filed by Man Under Police Custody for Visits by Family and Medical Examination Rejected by Andhra Pradesh High Court

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Facts

A perusal of the letter of the case in Crime No.12 of 2021 was registered in CID Police Station, Mangalagiri, Guntur District, Andhra Pradesh. The accused in the said case was brought to Regional Office, CID Police Station, Guntur and kept in the lock-up without allowing anybody to meet him. An application seeking bail vide Criminal Petition No.2998 of 2021 was moved by way of a House Motion, and the same was directed to be listed before the Hon’ble Sri Justice K.Suresh Reddy. After hearing the application was dismissed with a direction to the petitioner to move the Sessions Court for bail. Thereafter, the accused was produced before the VI Additional Metropolitan Magistrate, Guntur, for remand. At that time, the Advocates present in the Court that the accused was beaten and he was not in a position to walk and there are visible injuries on his body and his legs and feet. 

The accused also confirmed the said fact to the Advocate present in the Court. The contents of the letter further indicate that the learned Magistrate returned the remand report on the ground that the accused being a Member of Parliament, the permission of the Speaker is very much essential. As the accused is in the Court Hall and since he needs medical examination immediately, the counsel submits that the present application is moved seeking appropriate orders including production of the accused before this court.

Argument by the Petitioner

Sri B. Adinarayana Rao, learned Senior Counsel, appearing for the Petitioner, submitted that at the time of hearing the house motion, for bail, on the telephone, it was understood that the accused shall be kept at the place where he is now and that he shall be given medicines for the ailments with which he is suffering and also allow food from outside. He further stated that the accused would be in police custody until orders were passed in the bail application. 

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According to Sri B. Adinarayana Rao, the learned Additional Advocate General also stated that all necessary precautions shall be taken in so far as the health of the accused was concerned. Having regard to all the circumstances stated above and taking into consideration the nature of injuries, Sri B. Adinarayana Rao submits that a Medical Board headed by Superintendent of Government General Hospital, Guntur along with one Head of the Department of General Medicine and another Member to be nominated by the Superintendent of the Government General Hospital, Guntur, may be constituted to note down the nature of injuries, if any, on the body, as claimed and also the age of the injuries, if any. Learned Senior Counsel also submits that at the time of the examination of the accused, the presence of the family members and a family Doctor be allowed. He also submitted that the statement of the accused recorded by the Magistrate and the Video containing the examination of the accused, be directed to be sent to the Court.

Arguments by the Respondent

Sri P. Sudhakar Reddy learned Additional Advocate General, strongly opposes the allegations made concerning the acts of beating the accused. He submitted that till the rejection of the bail application, there was no complaint from the accused. He further submitted that the Doctor had already examined the detenu and no complaint was made when he was examined by the Doctor and only after the accused was brought to the Court, a story is built up as if he was beaten and also opposed the presence of the family members or a family Doctor at the time of examination. According to him, four CRPF guards, who were present with the accused when he was arrested, showed their arms at the CID Police, threatening them. He further submitted that the argument of the learned Senior counsel that the remand of the accused was rejected is incorrect. According to him, the remand was returned due to technical objections.

Court’s Observation

The court observed that the video graphed cassette, report of the medical board was kept in a sealed cover and handed over to the Principal District Judge, Guntur District, who in turn shall forward the same to the Vacation Officer of the High Court Mr M.Nageswara Rao, who shall keep it in safe custody. The court is further direct that the statement of the accused if recorded by the Magistrate, as pleaded by the counsel for the petitioner, shall also be kept in a sealed cover and handed over to the Principal District Judge, Guntur, who in turn shall forthwith forward the same to the Vacation Officer of the High Court.

Court’s Decision

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The request of the Petitioner for the presence of family members and a family Doctor at the time of examination was rejected. Further request made by the learned senior counsel that his security guards should be allowed to be with the accused was also rejected. As submitted by the learned Additional Advocate General, necessary protection shall be given by the State Police, if the accused was admitted as an inpatient in the Hospital.

Click here to view the judgment.


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