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Re KITNAN CHETTY.P. C., Negombo, A.
Police Magistrate—Power of, to commit a witness to custody of the Fiscal forperjury pending inquiry—Criminal Procedure Code, s. Ii7 (3).
It is competent to a Police Magistrate, under section 147 (3) of theCriminal Procedure Code, to commit to the custody of the Fiscal a witnessagainst whom he has a complaint of having given false evidence,intentionally.
F. M. de Saram read an affidavit made by Saththappa Cliettyand moved the Supreme Court on the 15th June, 1900, that“ S. P. E. K. Kitnan Chetty, remanded by the Police Magistrateof Negombo, be released on bail. ’ ’
The affidavit referred to above was as follows:—
“ 1. I am the brother-in-law of S. P. E. K. Kitnan Chetty,“ presently of Negombo.
“ 2. The said Kitnan Chetty was remanded to jail when he“ appeared as a witness in P. C., 25,403, Negombo, for making“ a statement on oath before Mr. F. H. de Saram, the Police“ Magistrate, which was contrary to a statement made before Mr.“ W. K. B. Sanders in the same case on a previous occasion.
“ 3. The Police Magistrate remanded the said Kitnan Chetty to“ be prosecuted for perjury, but no charge of perjury has yet been“ framed.
“4. An application for bail was refused by the Magistrate.
“ 5. The remand extends till the 22nd instant.”
De Saram.—The Police Magistrate has no power to commit tojail Kitnan Chetty without any proceeding whatever being com-menced against him.
Section 147 of the Criminal Procedure Code enables the PoliceMagistrate to complain to a Court of any of the offences mentionedin sub-sections (6) and (c); and sub-section (3) provides that wherethe complaint is made by a Court such Court may cause theaccused to be arrested and sent in custody before the Police Courthaving jurisdiction. The committal complained of is thereforeright.
Re KITNAN CHETTY