The Madras High Court today held that the surrender of an accused before a court should not be rejected on the ground that the ID proof of the person was not furnished.
Justice Muralidharan gave the ruling while disposing of an anticipatory bail plea filed by Anand of Sivaganga district, whose surrender in a kidnap case was rejected by a magistrate court here on the basis that he could not produce his ID proof.
“It is not always possible for an accused to produce his documents including the ID card while surrendering before the judicial officer… The judicial magistrate can accept his surrender and then ask him produce the documents,” the judge said in his order.
The court directed the judicial magistrate concerned to accept the surrender of the petitioner and then act as per law.
The petitioner submitted that Devakottai Town Police had registered a case against him and two others, Gowtham and Mathi on charges of kidnap.
All the three surrendered before a magistrate court, but it was not accepted in the case of the petitioner since he did not produce a valid ID card.
Hence, he moved the high court seeking anticipatory bail.
As carried in PTI