Reply To: Custodial trial is not relevant while considering bail application u/s 439 of Cr.P.C, but may have some relevance for anticipatory bail -SC (17/11/2022)

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#118328
advtanmoy
Keymaster

POLICE CAN INTERROGAGE ACCUSED WHEN HE IS IN MAGISTRATE CUSTODY.

Cr.P.C. S.167 – Criminal Procedure – Judicial custody – Interrogation by Police – Permissible – Magistrate can direct the place and manner – Mere interrogation by Police, during such custody by permission of the Magistrate, cannot change the nature of custody (Para 4) Gian Singh Vs. State (Delhi Administration) 1981 CRI.L.J. 100.

Accused who has been granted bail cannot be taken into police custody for further investigation unless bail is cancelled [Mithabhai Pashabhai Patel and others Vs. State of Gujarat ( 2009) 6 SCC 332 ]

Pralhad Singh Bhati ..vs.. N.C.T. Delhi reported in AIR 2001 SC 1444. If the accused is released on bail for bailable offence and if later on non bailable offence is added, then police can arrest the accused without seeking cancellation of order of bail.