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Legally Permissible For Court To Direct Accused To Surrender While Dismissing Anticipatory Bail Plea: Kerala High Court

The Kerala High Court observed that while dismissing an application for anticipatory bail, it 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, wherein it was observed that when a strict case for grant of anticipatory bail is not made out, and rather the investigating authority has made out a case for custodial investigation, 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 tailored to protect the interests of the applicant while taking into consideration the concerns of the investigating authority. “The Court must take into account the statutory scheme under Section 438, Cr.P.C., particularly, the proviso to Section 438(1), Cr.P.C., and balance the concerns of the investigating agency, complainant and the society at large with the concerns/interest of the applicant,” observed the Supreme Court.

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