M. JAGANNADHA RAO, J.

( 1 ) CAN a Magistrate refuse, on the ground of want of facilities, to consider a plea of an accused for bail under section 167 Cr. P. C or for remand to judicial custody, whenapproached at his residence bayond court hours or on a holiday but within twenty four hours of the arrest and if so he refuses, does it not amount to a violation of the fundamental right to liberty guaranteed in arts. 21 and 22 (2) of the Constitution of India and of the provisions of sections 56,57 Cr. P. C. ? Can an oral application for bail be refused as not maintainable on the ground that the application is not in writing ? These are the two main important questions that arise in this writ petition.

( 2 ) THE relevant facts of the case are the following;- The first petitioner. Dr. P. C. Kakar, is a Doctor practising in hyderabad. According to the allegations in the writ petition he passed M. S. and obtained his Post-Graduate Degree from u. S. A. He is running a hospital under the name and style of rai Bahadur dwarakanath Hospital at D. No. 1-127, saroornagar, Hyderabad. The 2nd petitioner is said to be his wife and she is also said to be a Doctor in Indian medicine assisting the 1st

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