129. Unnecessary arrest to be avoided and bail to be allowed freely. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). - (a) The police shall be careful to abstain from unnecessary arrests. In petty cases it is hardly ever necessary to arrest on suspicion during the course of any enquiry, and never necessary to arrest after the enquiry is over, when the case is not to be sent up. In heinous cases it is different. Police officers should not hesitate to arrest on reasonable suspicion. Having made the arrest they shall send the accused to the nearest Magistrate in the manner laid down in Article 22(2) of the Constitution of India or else release him on bail.
(b)A free use shall be made of the discretion given by section 497(2) of the Code of Criminal Procedure, 1898 (Act V of 1898), to accept bail in non-bailable cases. It shall be borne in mind that under section 54 of that Code "reasonable suspicion" will justify the arrest of an accused person, but that unless the evidence is sufficient to constitute "reasonable grounds for believing in his guilt", the arrest shall be at once followed by an offer of release on bail under section 497(2) of the said Code.
