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N. ANAND VENKATESH
State of Tamil Nadu Rep. by the Inspector of Police, Tambaram – Appellant
Versus
Muneeswaran – Respondent
| Table of Content |
|---|
| 1. criminal petition's basis (Para 1 , 2) |
| 2. issues with surrender and jurisdiction (Para 3 , 4) |
| 3. reflections on criminal justice practice (Para 5 , 6) |
| 4. jurisdictional considerations in surrender (Para 7 , 8 , 9) |
| 5. historical context of jurisdiction (Para 10 , 11) |
| 6. authority of magistrates in remand (Para 12 , 13) |
| 7. supreme court's clarifications on remand procedures (Para 14 , 15 , 16) |
| 8. independent principles and judicial custody (Para 17 , 18) |
| 9. challenges in judicial remand (Para 19 , 20) |
| 10. statutory requirements for remand decisions (Para 21 , 22) |
| 11. consequences of illegal remand requests (Para 23 , 24) |
| 12. legal precedents impacting current case (Para 25 , 26) |
| 13. clarifications on arrest and custody (Para 27 , 28) |
| 14. relevant legal context of arrest (Para 29 , 30) |
| 15. final directions and clarifications (Para 31 , 32 , 33) |
| 16. specified guidelines and expectations (Para 34 , 35 , 36 , 37) |
| 17. final rulings and legal precedent (Para 38 , 39 , 40) |
JUDGMENT :
(Prayer: Criminal Original Petition filed under Section 482 of CRIMINAL PROCEDURE CODE , to call for the records and quash the order dated 01.03.2024 passed in Crl.MP.No.1519 of 2024 by the learned Judicial
Remand of accused – Surrender petitions filed by accused who have voluntarily surrendered before a Magistrate having no jurisdiction to try the case, are not maintainable – No order of remand can be ....
Procedural irregularities during the committal of accused to the Sessions Court invalidate the order if accused are deprived of their right to present evidence.
Default bail—Essential requisite for availing statutory bail is that accused must have undergone authorised period of detention ordered by Magistrate.
The period of house arrest does not constitute custody for the purposes of section 167(2) of the Code of Criminal Procedure if it is declared illegal and unsustainable in law by a competent court.
Meaning of ‘custody’ is that law has taken control of a person accused of an offence or suspected of commission of an offence.
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