D RAMAMURTHY Vs. STATE

JUDGEMENT

(1.) THE petitioner herein is charged for an offence under section 379, Indian Penal Code, on the ground that he has committed theft of house hold utensils from various places. The petitioner was arrested or 10th March, 1981 by the Avadi Police Station. On the same day, the petitioner was produced before the Sub -Divisional Judicial Magistrate, potonamallee and the Magistrate has remanded th petitioner to custody. On 13th March, 1981, the Counsel for the petitioner filed a petition under section 437, Criminal, Procdure Code, before the Sub -Divisional Judicial Magistrate, who is the first respondent herein, to enlarge the petitioner on bail. The learned Magistrate on the said date has ordered notice to the second respondent herein, who is the Inspector of police. It is this order of the Magistrate in ordering notice to the second respondent, Inspector of police before releasing the petitioner on bail, that is Questioned by the petitioner under section 482, Criminal procedure Code.

(2.) THE relevant averments of the affidavit filed by the father of the petitioner are as follows:

(3.) THE learned Public Prosecutor, on the other hand, contends that section 437, Criminal Procedure Code, contemplates when bail has to be granted in case of non -bailable offence. Under section 437 (4 Criminal procedure Code, an officer or a Court releasing any person on bail under Sub -section (1) or sub -section (2) shall record in writing his or its reasons for so doing. In view of this sub -section (4) of section 437, Criminal Procedure Code, the learned Public Prosecutor contends, that the Magistrate on the bail filed by the accused petitioner, in order to satisfy himself and in order to recor in writing his reasons as to why he is or is not, releasing the petitioner on bail, has to issue notice to the police or to the Public Pr -secutor, as the case may be, as otherwise sub -section (4) to section 437, Criminal procedure Code, becomes redundant. It is under these cirmuwstances, the issuance of notice by the Magistrate to the Inspector of police is not irregular or contrary to lawas alleged by the petitioner and this petition under section 482, Criminal Procedure Code, is without any substance and has to be dismissed.