Legally Permissible For Court To Direct/Permit Accused To Surrender While Dismissing Anticipatory Bail Plea: Kerala HC

CASE – RAHUL R.U. v. STATE OF KERALA

The Kerala court recently observed that while dismissing an application for anticipatory bail, it’s legally permissible for the court to directit is legally permissible for the court to direct/permit the accused to surrender before the investigating officer or the jurisdictional court within a specific period.

The Bench of Justice R. Narayana Pisharadi referred to Nathu Singh vs. State of Uttar Pradesh LL 2021 SC 261.it cannot be stated that the High Court has no power to ensure justice.

The Supreme Court had further held in this case that such an order (directing the accused to surrender) must necessarily be narrowly tailoredto protect the interests of the applicant while taking into consideration the concerns of the investigating authority.

Court in the instant case, the request made by the petitioner to permit him to surrender before the investigating officer can be favorably considered. The case against the accused was registered as early as 08.04.2021. The investigating officer couldn’t yet arrest the petitioner.If the petitioner is permitted to surrender before the investigating officer by granting him a brief time, it might only facilitate the investigation.

Consequently, the prayer for granting pre-arrest bail to the petitioner was rejected and therefore the petitioner was directed to surrender before the investigation officer within 7 days period of your time .

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