Madras HC: Serve Grounds of Arrest Two Hours Before Remand

The Madras High Court has issued a clear directive to Tamil Nadu's top police officers: investigating officers must furnish written grounds of arrest to suspects at least two hours before they are produced for judicial remand. The order, passed on Monday, applies to the Director General of Police and the Greater Chennai Commissioner of Police, who have been told to ensure strict compliance by their subordinates.

Justice N. Ramesh observed that a mere arrest memo or an intimation sent to the family is not a substitute for a separate document explaining the reasons for arrest. The court also mandated that an acknowledgement of receiving the grounds of arrest must be submitted to the magistrate during remand proceedings.

The ruling came while the judge granted bail to two accused — M. Akash Hussain, arrested under the NDPS Act by the Prohibition and Enforcement Wing, and Ankur Kumar Jain, booked by the Economic Offences Wing — on the ground that they were not served with the grounds of arrest.

During the hearing, a report filed by the Deputy Commissioner of Police, St. Thomas Mount, revealed that grounds of arrest had been omitted in one out of every four criminal cases. The judge expressed concern that such technical lapses could lead to suspects being released on bail even in serious offences.

Justice Ramesh referred to the Supreme Court's November 2025 judgment in Mihir Rajesh Shah versus State of Maharashtra, which held that communicating grounds of arrest in writing, in a language the arrestee understands, is a constitutional mandate across all criminal offences. The apex court had also stipulated the two-hour minimum window before remand and warned that non-compliance could render the arrest and remand illegal.

Expressing dismay over the continued filing of bail petitions citing this omission, the judge directed the police leadership to ensure the top court's dictum is followed in letter and spirit.