Bob Arumugam said the Malaysian Anti-Corruption Commission branch office in Kuantan released his client at about 4pm yesterday, but subject to conditions.

The 53-year-old police officer has been directed to report to the MACC branch once a month pending the completion of an investigation into potential offences under Section 16(a) of the MACC Act for soliciting or receiving bribes.

He had been arrested on Tuesday evening on suspicion of receiving more than RM1 million in bribes between 2017 and 2022.

Yesterday, a magistrate in Kuantan dismissed MACC’s application for an order to remand the suspect.

Arumugam said magistrate Tengku Eliana Tuan Kamaruzaman refused the application, saying she was bound by a recent ruling of the High Court in Temerloh.

MACC had made the remand application under Section 117 of the Criminal Procedure Code (CPC).

However, in a judgment dated May 11 in another case, judicial commissioner Roslan Mat Nor, who sits in the Temerloh High Court, said the agency cannot rely on the CPC to remand suspects for investigation purposes.

Roslan said Section 49 of the MACC Act, read in its entirety, only permits an arrest to be made at the tail-end of an investigation.

He said while the MACC Act allows a person to be arrested, the suspect must be freed on bail or bond if an investigation was incomplete.

However, the suspect may be rearrested without a warrant if bail conditions are breached, Roslan said.

He said MACC may detain the person for up to 24 hours and must seek a remand order under Section 49(4) of the MACC Act for a longer detention period.