Surrender of accused person

As per your query, I would like to inform you that a Divisional Bench of Madras High Court consisting of Justices S. Nagamuthu and V.S. Ravi held that if the investigation of a criminal case was pending in Tamil Nadu, the accused may surrender before any Judicial Magistrate in the State irrespective of jurisdictional issues and the Magistrate would have no option but to accept the surrender and take the accused into judicial custody.

Therefore,for instance in cases in which investigation was pending in Puducherry, the accused could surrender before any Judicial Magistrate in the Union Territory.

In the case of RAMESHBHAI AMRITLAL CHHATRAL Vs STATE & Ors. the court held that when an accused person(s) who were concerned in a cognizable offence which was bailable, by offering to surrender before the Magistrate were willing to be taken into custody, the Magistrate could not refuse to take them into custody and on that account, reject the application for anticipatory bail filed by them.

Henceforth, yes an accused can surrender before any magistrate, who may not be have adequate Jurisdictions over him or her.

For more inputs regarding your query, feel free to check through the given links -

https://www.thehindu.com/news/cities/Madurai/hc-lays-down-rules-on-surrender-of-accused/article8023496.ece

https://indiankanoon.org/doc/1490368/

Hope it clears your doubt.

Thanks

Yes, the accused can surrender and it is acceptable to any Magistrate throughout India.

Being a law student it is better to seek  advise of your tutor/ guied/ professor as this site is meant for needy litigants and not for tutorial classes.

yes i do agree with experts