HC: Magistrate can’t issue surrender order out of his limits

CHENNAI: The Madras High Court observed that no Magistrate can issue a surrender order to the accused who have voluntarily surrendered before a Magistrate without jurisdiction to try the case. It directed all the Magistrate in Tamil Nadu and Puducherry to follow the directions religiously.

Justice N Anand Venkatesh was hearing a petition filed by the State to quash the surrender order issued by Sathyamangalam Magistrate in connection to the deputy chairman of the Kattankulathur panchayat union, VS Aramudhan’s murder case.

State Public Prosecutor (PP) Hasan Mohammed Jinnah, submitted that the four accused who murdered VS Aramudhan, the deputy chairman of Kattankulathur panchayat union and Kattankulathur union secretary of DMK, on February 29, surrendered before the judicial magistrate court in Sathyamangalam, Erode. The PP contended that the judicial magistrate also entertained the surrender petition and issued a judicial custody order, despite the lack of territorial jurisdiction. Since the surrendered accused was remanded in Gobichettipalayam jail the Otteri police couldn't subject the accused under their custody to investigate the case, submitted the PP. In recent times there has been a surge in the number of accused surrendering before the court not having jurisdiction to safeguard the real offenders, he submitted.

Observing that the surrender petitions filed by the accused in a Magistrate having no jurisdiction to try the case are not maintainable he said, an accused person who voluntarily appears and files a surrender petition before the Magistrate cannot be dealt with under Section 167 (2) CrPC.

Consequently, the period of 15 days of police custody or 60/90 days of custody will commence only from the date on which the accused comes into the custody of the Court, reads the judgment. It directed all the Magistrate of Tamil Nadu and Puducherry to follow the directions religiously.