This query is : Resolved 

14 August 2010

What is the meaning of surrender before court?

Where is this provision ?

In General practice we file application before court for surrender, but it is also known that police can arrest the accused even after his application of surrender. Then what is the value of this surrender before court ?

Please guide me with the provision or case law if any, reagrding surrender before court and arrest by police even after such application ?

madan kumar tiwary (Expert)
14 August 2010

certainly a question of law is involve here but once you file the bail petition you have to file surrender petition, first you are taken in custody then bail petition is entertained. but it is a matter of debate that while investigation is going on and no prayer has been made by police for issuance of warrant, why an acussed is taken in judicial custody. but you see it from another angle, making surrender before court is voluntary act that amount admmission if bail petition is not filed with surrender. but after issuanse of warrant one can surrender. after making application for surrender, how can police arrest you from the court premise.? second part of your question is not clear as no arresting can be made by police once acussed surrender before court.

s.subramanian (Expert)
14 August 2010

I fully endorse the view of Mr.Madan.

Yamalapalli Haribob (Expert)
14 August 2010

In any cognizable offence was registered on any person, the police has liberty to arrest the said person with out warrant from the court.However if any person apprehending danger in the hands of police as there is a cognizable case against him,he can voluntarily surrender before court by filing a petition under section 44[2] of cr.p.c.The court must accept your surrender before them.Then u can move bail application for your release.If you are enlarged on bail, the police has no right to arrest in same crime in which you have surrendered .

Koumarish Bhattacharya (Expert)
14 August 2010

One can avoid arrest by surrendering before Court. Once surrendered, there is no question of being arrested, if not a fresh warrant is issued thereafter. In case of a warrant, surrender slip must be obtained and the warrant must be recalled.

Devajyoti Barman (Expert)
Click to Talk
14 August 2010

The surrender has nothing to do with arrest or no arrest. Once the surrender is made the accused person prays for bail when the court consider as to whether the person making the surrender deserves bail or not. If the court does not grant bail then he would be taken into custody. This is relation to non bailable offence. For bailable once the accused person surrenders the court will have to grant bail.
There is no provision that the person making surrender will have to be given bail as a matter of right. The surrender means also that the accused person is no more absconding and it is now upto the court eihger to grant bail or not.

Arvind Singh Chauhan (Querist)
15 August 2010

Learned members generally accused files surrender application. Court calls report from concerned police station and next date is given.

If report is that, accused is wanted the question for bail arises, if report says that no case is registered against accused, no bail required.

But if he is wanted and knowing this fact surrenders before court.

Whether police can arrest despite his surrender before court during the process of reaching the police report before court.

WHATSAPP 91-8075113965 (Expert)
15 August 2010

Yamalapalli Haribob and Koumarish Bhattacharya are right.
when police has charged a cognizible offence against a person, he can be arrested by police at any time. so, the 2 remedies available to him are ;
1) move an anticipatory bail application before the sessions/ high court
2)surrender before the concerned magistrate court and seek regular bail
( here, magistrate may grant bail, or sometimes may remand to prison, considering the gravity of the offence. )
surrendering is done to avoid arrest and police custody.( to escape from custodial violance....! )
once you surrender, you are in the judicial custody and police has no access upon you, because you will be either on jail ,or on bail.
even then, the investigating officer can file a petition before the court to get the accused from judicial custody to police custody, in some exceptional cases, to effect recovery u/s 27 evidence act.

28 December 2015

Agree with Mr.Salilkumarp

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