the Magistrate may, for the reasons to be recorded in writing, permit taking of accused out of the prison in
the company of a female police officer appointed by the Magistrate :
Provided that the accused shall not be kept out of the prison while in the custody of the police between
sunset and sunrise].
168. Report of investigation by subordinate policeofficer. When any subordinate policeofficer has
made any investigation under this Chapter, he shall report the result of such investigation to the officer in
charge of the policestation.
169. Release of accused when evidence deficient. If, upon an investigation under this Chapter, it
appears to the officer in charge of the policestation 1[or to the policeofficer making the investigation] that
there is not sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to
a Magistrate, such officer shall, if such person is in custody, release him on his executing a bond, with or
without sureties, as such officer may direct, to appear, if and when so required, before a
Magistrate empowered to take cognizance of the offence on a policereport and to try the accused or 2[send]
him for trial.
170. Case to be sent to Magistrate when evidence is sufficient.__(1) If, upon an investigation under
this Chapter, it appears to the officer in charge of the policestation that there is sufficient evidence or
reasonable ground as aforesaid, such officer shall forward the accused under custody to a Magistrate
empowered to take cognizance of the offence upon a policereport and to try the accused or 2[send] him for
trial or, if the offence is bailable and the accused is able to give security, shall take security from him for his
appearance before such Magistrate on a day fixed and for his attendance from day to day before such
Magistrate until otherwise directed.
(2) When the officer in charge of a policestation forwards an accused person to a Magistrate or takes
security for his appearance before such Magistrate under this section, he shall send to such Magistrate any
weapon or other article which it may be necessary to produce before him, and shall require the
complainant (if any) and so many of the persons who appear to such officer to be acquainted with the
circumstances of the case as he may think necessary, to execute a bond to appear before the Magistrate as
thereby directed and prosecute or give evidence (as the case may be) in the matter of the charge against the
accused.
3
* * * * * * *
4
* * * * * * *
(5) The officer in whose presence the bond is executed shall deliver a copy thereof to one of the persons
who executed it, and shall then send to the Magistrate the original with his report.
171. Complainants and witnesses not to be required to accompany policeofficer. No complainant or
witness on his way to the Court of the Magistrate shall be required to accompany a policeofficer,
1 Ins. by Act, 18 of 1923, s. 39.
2 Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch., for "commit".
3 Omitted by ordinance 12 of 1972, s. 2 and Sch.
4 Subsection (4) rep. by the code of Criminal Procedure (Amdt). Act 1926 (2 of 1926), s. 2.
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