A remand report is for the purpose of enabling the Magistrate to satisfy himself of the necessity to remand the accused. A particular remand report has significance only for the period during which the accused is remanded, unless the same is relied on for the remand of the accused for subsequent period also.
A remand report need not contain all the details which are available in the First Information Statement and the other materials collected during investigation. The remand report need only contain sufficient materials to arrive at the conclusion that detention of the accused is necessary or the continued detention of the accused is necessary.
In other words, a remand report is not a substitute for the material papers to be supplied on appearance of the accused.
An accused is not entitled to contend that he is entitled to be released on bail on the ground that all the materials collected during the investigation are not reproduced in the remand report.
In Kamarudheen v. S.H.O., Muvattupuzha Police Station, ILR 2010 (3) Ker. 870 the Kerala High Court answered that the Cr.P.C. does not even use the expression “remand” during the crime stage (investigation stage) of a case.
Section 167 Cr.P.C. only uses the expression “detention” at that stage. It is only at the post-cognizance stage that the Cr.P.C. uses the expression “remand” (vide Section 309(2) Cr.P.C.).
However, by way of long usage or practice, the process of the Magistrate authorizing the detention of an accused person during the stage of investigation also is understood as “remand”.
There is no provision in the Cr.P.C. requiring the Police Officer to submit a “remand report”. But under Section 167 Cr.P.C. it is imperative that the Police Officer should send along with the accused a copy of the entries in the Police diary which he is bound to maintain under section 172 Cr.P.C.
Usually copies of the entries in the Police diary are not separately sent to the Magistrate. A gist of the above entries in the Police diary alone is incorporated by the Police Officer in the remand report or in the remand extension report.
The purpose of filing such reports and the purpose of incorporation of the diary entries in such reports is to enable the Magistrate to decide whether he should authorize the detention or further detention of the accused to Police or judicial custody, as the case may be, or to release the accused.
Bearing in mind the purpose and significance of the remand report and the Constitutional rights of the arrestee, the accused has a right to get a certified copy of such remand report.
A Division Bench in IN RE RAMAN VELU, 1972 KLT 922 the Kerala High Court held that 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. Therefore, 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.
[The above discussion on ” Remand Report ” is extracted from a significant judgment of the Kerala High Court in Sunny Vs. State, 2011 (3) KLT 885 : 2011 (3) KLJ 531 : ILR 2011 (3) Ker. 778 authored by Justice K.T. Sankaran.]