The failure to communicate the grounds of arrest as mandated under Article 22(1) renders the detention illegal, entitling the accused to bail.

ORDER

This Criminal Original Petition has been filed to set aside the remand extension order, dated 08.09.2025, passed by the learned Judicial Magistrate No.1 at Chengalpattu, in Crime No.1 of 2025 on the file of the respondent Police, registered for the offences under 465, 466, 468, 471, 420, 120-B, 419 r/w. 109 IPC .

2.The petitioner claims to be an independent video journalist and whistle blower. He raises voice against corruption and misuse of power in order to create public awareness. He publishes informative videos on YouTube, highlighting the corrupt practices and abuse of authority. Since he has been disclosing various illegalities and misuse of power, several Police officers and public servants, whose corrupt activities were exposed, turned vindictive against him. As a consequence, he became a target of retaliation. He was subjected to malicious prosecution and continuous harassment at the hands of those very authorities whose misconduct he had brought to light. As a consequence, five criminal cases have been foisted as against the petitioner, one after the other, within a short span of one month during the last September and October, 2024, resulting in his arrest and remand to prison for 132 days. The petitioner approached this Court as against the repeated filing of FIRs against him, with a prayer to transfer the cases to CBCID. This Court, by a common order, dated 13.02.2025, in Crl.O.P.Nos.31418, 31419, 31425, 31426 and 31429 of 2024, transferred the cases to CBCID. While passing such order, this Court also recorded the fact that, in order to prevent the petitioner from his activities, with a mala fide intention, the respondents 1 and 2 therein had foisted false cases as against the petitioner, that too, within a short span of time.

3.Despite transfer of cases to CBCID, as no progress has been made, the petitioner sent a representation, dated 16.08.2025, to the Monitoring Authority, namely, the Director General of Police (Administration), requesting his immediate intervention to ensure justice in accordance with the orders of this Court. Subsequently, the Sub-Inspector of Police, CBCID, contacted the petitioner calling upon him to attend an enquiry on 08.09.2025. Accordingly, the petitioner appeared before the Deputy Superintendent of Police, CBCID, Chennai Metro at Egmore. Thereafter, at about 2.00 to 2.30 p.m., the petitioner was apprehended by the Deputy Superintendent of Police, Kancheepuram, and he was retained for about three hours and thereafter, produced before the learned Judicial Magistrate No.1, Chengalpattu, at about 10.00 p.m. on 08.09.2025. During the remand proceedings, the petitioner specifically stated before the learned Magistrate that he was not informed about the reasons for his arrest. Despite the said fact, the learned Magistrate has remanded him. Hence, according to the petitioner, as long as there is no communication of grounds of arrest, the remand is illegal and the Police have failed to comply with the provisions of Section 50 Cr.P.C. and the safeguards guaranteed under Article 22(1) of the Constitution of India . Hence, it is his contention that the entire remand order passed by the learned Magistrate has to be set aside.

4.A counter affidavit has been filed by the respondent Police. It is the contention of the respondent that