RAMDAS Vs. STATE OF M. P.

JUDGEMENT

(1.) THIS is a bail petition under section 439 Cr. P. C. It is pressed on merits, as also on the ground that the applicant's arrest was illegal and the remand order was bad in law.

(2.) APPREHENDING his arrest in connection with Crime No. 348/87 for an offence under section 302 I. P. C. registered in Police Station House, Morar, the applicant applied for anticipatory bail under section 438 Cr. P. C. before the Sessions Judge. During pendency of the application for anticipatory bail, he surrendered himself before the Sessions Judge on 26 -6 -1987 and applied in writing for decision of his bail application after taking him into custody. On the margin of the application filed on 26 -6 -1987, the Sessions Judge ordered, "The accused be taken into custody and sent to the concerning Mag." The applicant was, thereafter, produced before the Additional Chief Judicial Magistrate, who was pleased to grant remand to the police till 29 -6 -1987.

(3.) I find no substance in the contentions. There is no provision in the Code of Criminal Procedure, enabling a person accused of a cognizable offence to surrender himself before the Court, but it has been the practice of the Courts to take such persons into custody, if they offer themselves to the custody of the Court. Once an accused offers himself to the custody of the Court, the Court acquires jurisdiction to send him to police custody. I find nothing in the decisions cited by the learned counsel to take a contrary view.