Description

1. The Executive Magistrate, District Superintendent of Police, or Commissioner of Police shall, if the person arrested appears to be the one intended by the Court issuing the warrant, direct their removal in custody to that Court.
2. Provided that if the offence is bailable, and the person is ready and willing to give bail to the satisfaction of the Magistrate, District Superintendent, or Commissioner, or if a direction under section 71 has been endorsed on the warrant, and the person is ready and willing to give the required security, the Magistrate, District Superintendent, or Commissioner shall take the bail or security and forward the bond to the Court that issued the warrant.
3. Provided further that if the offence is non-bailable, it shall be lawful for the Chief Judicial Magistrate (subject to the provisions of section 437), or the Sessions Judge of the district in which the arrest occurred, to consider the information and documents referred to in section 78(2), and release the person on bail.
4. Nothing in this section shall be construed to prevent a police officer from taking security under section 71.