The three police officers sent to judicial custody in the Rizwanur Rahman death case committed a blunder by surrendering before court instead of seeking anticipatory bail, legal experts feel.

“They acted in haste by surrendering before the CBI court, which is also the trial court, and seeking bail. They should have sought anticipatory bail instead,” said a senior legal adviser to the state government.

Had the trial court rejected the plea, special superintendent (intelligence branch) Ajoy Kumar, assistant commissioner Sukanti Chakraborty and sub-inspector Krishnendu Das could have moved higher courts.

But why did the trio surrender instead of exploring the legal options?

“They must have been under the impression that they would get bail as they have been charged under IPC sections 306 (abetment to suicide) and 120B (criminal conspiracy). The magistrate has the power to grant bail to an accused charged under these sections,” the legal adviser said.

According to another expert, the trio had hoped to earn the sympathy of the magistrate by surrendering. “Getting bail, they must have thought, would then be easy. But the move boomeranged. It seems the officers had been misled.”

The expert said the cops could have waited for the other accused, including the Todis, to move anticipatory bail pleas. “Judging by the outcome of the petitions, they could have planned their own move.”

Some said the officers did not time their move well. The city civil and sessions court, adjacent to the CBI court, is now closed for Puja.

Had the officers surrendered before the sessions court went into recess on Monday, they could have moved an appeal there immediately after the CBI court remanded them in judicial custody.

“In the sessions court, unlike in the high court, you don’t need to produce a copy of the trial judge’s order to move an appeal. It takes three-four hours to obtain a copy. Even if the officers had managed to get a copy today, it would have been too late to move the high court. The hearing could not have been held before Wednesday,” a lawyer pointed out.

According to CBI sources, the officers will move bail petitions before a special bench of the sessions court, which will convene on Wednesday only to hear the pleas of the three accused. Lawyers representing the accused have already served notices for moving the petitions.

It’s not yet certain whether the government would suspend the officers. The rule that an employee has to be suspended if he spends more than 24 hours in custody for his alleged involvement in a criminal case is under the consideration of the high court.

“A division bench headed by Justice Bhaskar Bhattacharya had observed in a case that the state had no authority to suspend an accused employee till his guilt is proved. But the observation is not binding on the government,” said Rabishankar Chatterjee, a high court lawyer.

The Rahmans welcomed the verdict. “The officers got their due. We would have been happier had the court issued a similar ruling against former deputy commissioner (detective department) Gyanwant Singh and former police commissioner Prasun Mukherjee. They, too, were responsible for my brother’s death,” said Rizwanur’s brother Rukbanur Rahman.

Mother Kishwar Jahan added: “We want the Todis to be arrested soon.”