A Division Bench in IN RE RAMAN VELU (1972 KLT 922) held thus:
"Where, under S.167 or S.344 of the Code, the Magistrate passes an order of remand of the accused to custody, he performs a judicial act. That being so, the report, if any, submitted by the police is to furnish necessary information, on the perusal and examination of which the Magistrate has to take a decision as to whether or not the accused is to be committed to custody, or continued to be kept in custody, as the case may be. The purpose of the "remand report" is a relevant consideration in construing whether it is a 'public document' or not. What
forms the basis of a judicial decision, or what is used to any extent in aid of a judicial decision, cannot but be a public document in our view. We are, therefore, of the opinion that the remand report submitted by the Police, whether in relation to the remand under S.167, of extension or remand under S.344 of the Code, is a public document within the meaning of S.74 of the Evidence Act. What is expected to be furnished to the court at the time of moving for the remand or for the extension of the remand, are the entries in the case diary which is a document forming acts or record of acts of the investigating officer."
Kerala High Court
SUNNY JOSEPH,vs STATE on 8 August, 2011
Bail Appl..No. 5786 of 2011()Read full judgment here:click here