Kerala High Court Affirms Accused's Right to Surrender: Court Cannot Deny Jurisdictional Permission
In a recent ruling, the Kerala High Court emphasized that a court with the appropriate jurisdiction is obligated to grant permission to an accused person seeking to surrender before it, according to the Code of Criminal Procedure (CrPC) [Joseph Thomas v State of Kerala & Anr.].
Justice K Babu emphasized that when an accused person presents themselves before the court with jurisdiction, the court must either release them on bail or remand them to custody for investigation or other necessary purposes, such as ensuring the prisoner's safety.
The court clarified that the situation differs if the accused surrenders before a court lacking jurisdiction in the case. In such instances, the magistrate may reject the surrender on the grounds of jurisdictional limitations, as stated in Section 56 of the CrPC.
The case involved a petitioner who was the first accused in a case registered by the Maradu Police Station, facing charges under various sections of the Indian Penal Code (IPC), including house trespass, assault, causing hurt, insulting the modesty of a woman, and common intention.
The petitioner had submitted a bail application along with a surrender memo before the appropriate magistrate court on February 23. However, the magistrate denied the bail application and did not permit the petitioner to surrender before it. Instead, the magistrate suggested that the petitioner approach the concerned Station House Officer (SHO).
Challenging the magistrate's decision, the petitioner approached the High Court, arguing that the magistrate's refusal to grant permission for surrender despite being under its jurisdiction was unlawful.
After reviewing relevant precedents and carefully examining the CrPC, the High Court concluded that the petitioner had indeed surrendered before the court and should have been taken into custody and dealt with according to the law.
Consequently, the Court allowed the petitioner to appear before the magistrate within one week and directed the magistrate to consider the surrender plea and bail entitlement in accordance with the law.
The petitioner was represented by advocates TN Suresh and Dhanuja Vettathu, while the respondents were represented by Public Prosecutor G Sudheer. Advocate John S Ralph served as the Amicus Curiae.
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TAGS: Kerala High Court jurisdiction accused surrender permission Code of Criminal Procedure CrPC release on bail remand Magistrate petitioner case ruling
