<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2025 (8) TMI 1703 - KERALA HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=463953</link>
    <description>For Article 22(2), the twenty-four-hour period for producing an arrested person before the Magistrate runs from the moment of effective detention or curtailment of liberty, not from the later formal recording of arrest. Actual restraint or custody cannot be ignored by treating the arrest as unrecorded until paperwork is completed, because that would defeat constitutional safeguards. On the facts, the accused had been under police control before the recorded arrest, and the period of curtailed liberty had to be counted. Production before the Magistrate therefore occurred beyond the constitutionally permitted time, the detention was illegal, and bail was warranted.</description>
    <language>en-us</language>
    <pubDate>Tue, 12 Aug 2025 00:00:00 +0530</pubDate>
    <lastBuildDate>Wed, 24 Sep 2025 20:44:28 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=854323" rel="self" type="application/rss+xml"/>
    <item>
      <title>2025 (8) TMI 1703 - KERALA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=463953</link>
      <description>For Article 22(2), the twenty-four-hour period for producing an arrested person before the Magistrate runs from the moment of effective detention or curtailment of liberty, not from the later formal recording of arrest. Actual restraint or custody cannot be ignored by treating the arrest as unrecorded until paperwork is completed, because that would defeat constitutional safeguards. On the facts, the accused had been under police control before the recorded arrest, and the period of curtailed liberty had to be counted. Production before the Magistrate therefore occurred beyond the constitutionally permitted time, the detention was illegal, and bail was warranted.</description>
      <category>Case-Laws</category>
      <law>Indian Laws</law>
      <pubDate>Tue, 12 Aug 2025 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=463953</guid>
    </item>
  </channel>
</rss>