IN RE: D. RAMAMURTHY Vs. STATE

JUDGEMENT

(1.) THE petitioner herein is charged for an offence under S. 379, I.P.C. on the ground that he has committed theft of household utensils from various places. The petitioner was arrested on 10th March, 1981 by the Avadi Police Station. On the same day. the petitioner was produced before the Sub Divisional Judicial Magistrate, Poonamallee and the Magistrate has remanded the petitioner to custody. On 13th March 1981, the counsel for the petitioner filed a petition under S. 437, Crl. P.C. 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 S. 482, Crl. P.C.

(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 S. 437, Crl. P. C., contemplates when bail has to be granted in case of non -bailable offence. Under S. 437(4) Crl. P. C, an officer or a Court releasing any person on bail under Sub -S.(l) or Sub -S.(2) shall record in writing his or its reasons for so doing. In view of this Sub -S.(4) of S. 437, Crl. P. C, 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 record 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 Prosecutor, as the case may be, as otherwise Sub -s.(4) to S. 437, Crl. P. C, becomes redundant. It is under these circumstances, the issuance of notice by the Magistrate to the Inspector of Police it not irregular or contrary to law as alleged by the petitioner and this petition under S. 4S2, Crl. P. C, is without any substance and has to be dismissed.