STATE OF MYSORE Vs. H VENKATARAMA KOTAIYAH

JUDGEMENT

(1.) This is a reference made by the learned Sessions Judge of Bidar u/s. 438 of the Criminal P.C. The respondent before this Court was ordered to be released on bail on his furnishing cash security of Rs. 5,000.00 and his own personal bond for a like sum, by the learned First Class Magistrate, Humnabad. Aggrieved by the order demanding cash security of Rs. 5,000.00 from him, the respondent went up in revision to the Court of the learned Sessions Judge, Bidar. The learned Sessions Judge was of the opinion that the Magistrate had no jurisdiction to demand cash security from the respondent and his order was illegal and hence, he has made this reference u/s. 438, Criminal P.C.

(2.) Sri Rego, learned counsel appearing on behalf of the State Public Prosecutor, has supported the reference made by the learned Sessions Judge.

(3.) Section 499, Criminal P.C. reads as follows: