Wednesday 19 May 2021

Whether court can direct the Test identification Parade of the accused on bail without hearing him?

 Yet another significant aspect to be borne in mind is that the person who is to be identified should have been arrested by the police. This does not mean that he should be in custody when the Identification Parade is sought to be done. In other words, Test Identification Parade can be conducted even in respect of a person who has been arrested and released on bail. On an application made to the Court by the Investigating Officer, the Court shall require the accused to subject himself to identification by any person or persons in such manner as the Court may deem fit. Thus, the manner in which the person should be identified has to be left to the discretion of the Court.

{Para 80}

81. At this juncture, it may be necessary for us to emphasise that when an application is made by the Investigating Officer to the Court, it is not necessary for the Court to order notice to the accused or hear him. The accused does not have a right to a hearing in this regard. When an application is made to the Court for conduct of Test Identification Parade, the Court is required to pass orders immediately without dragging its feet, inasmuch as passage of time may lead to the accused being exposed to the witness and the entire parade becoming a charade.

In the High Court of Madras

(Before Indira Banerjee, C.J. and P.N. Prakash, J.)

Murugasamy  Vs  State 

CRl. O.P. No. 12148 of 2017

Decided on September 15, 2017, [Reserved on: 01.08.2017]

Citation: 2017 SCC OnLine Mad 37658 : (2017) 2 LW (Cri) 345 : (2017) 5 CTC 561 : (2017) 180 AIC (Sum 22) 10

Read full Judgment here: Click here

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