(1) If, upon an investigation under this Chapter, it appears to the officer in charge
of the police station that there is sufficient evidence or reasonable ground as aforesaid,
such officer shall forward the accused under custody to a Judicial Magistrate empowered
to take cognizance of the offence upon a police report to try the accused or commit 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:
Provided that if the accused is not in custody, the police officer shall take security
from such person for his appearance before the Judicial Magistrate and the Judicial
Magistrate to whom such report is forwarded shall not refuse to accept the same on the
ground that the accused is not taken in custody.
(2) When the officer in charge of a police station forwards an accused person to a
Judicial 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 facts and circumstances
of the case as he may think necessary, to execute a bond to appear before the Judicial
Magistrate as thereby directed and prosecute or give evidence (as the case may be) in the
matter of the charge against the accused.
(3) If the Court of the Chief Judicial Magistrate is mentioned in the bond, such Court
shall be held to include any Court to which such Magistrate may refer the case for inquiry
or trial, provided reasonable notice of such reference is given to such complainant or
persons.
(4) 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.
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