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State of Kerala v. Maju

  • Order

Code of Criminal Procedure, 1973 – Whether the investigation officer is entitled to police custody of the accused after the expiry of the first 15 days of remand on the ground that the application for police custody though filed in time, was not allowed because of the quarantine of the accused following their getting infected with COVID-19 virus during judicial custody ? Held, no exceptions can be made even during COVID pandemic to the statutory provisions under Section 167 of the Cr.P.C. The accused can still be subjected to interrogation in judicial custody with the permission of the court for the purpose of discovery under Section 27 of the Evidence Act, but not in police custody.

Citations : 2021 (4) KCC 141 : 2021 (4) KHC 344 : 2021 (4) KLT 648