( 1 ) SRI B. Subhashan Reddy, the learned counsel for the petitioners, contends that when the petitioner-accused were granted anticipatory bail, the learned Magistrate cannot take them into custody at the time of committing them for trial to the Sessions Court.

( 2 ) THE facts leading to this petition may be mentioned as follows : The first respondent gave report to the S. H. O. of Rural Police station, Nirmal, making certain allegations against the petitioners. The Sub-Inspector registered a case as Crime no. 50/1981 under sections 447, 324, and 326 IPC. , against the petitioners. The Sub-Inspector also issued FIR and took up investigation. The petitioners apprehending that they would be arrested filed Cr. MP Nos. 586/1981 and 623/1981, in the Court of Sessions Judge for anticipatory bail. The learned Sessions Judge granted anticipatory bail under S. 438 Cr. P. C. The Sub-Inspector after completing the investigation referred the case as one of civil nature. Aggrieved with the said orders of the police referring the case as one of civil nature, the first respondent filed a private complaint in the Judicial it Class Magistrates Court, Nirmal, under sections 147, 447, 324