This is a reference made by the learned Sessions Judge of Bidar under S. 438 of the Criminal P.C. The respondent before this Court was ordered to be released on bail on his furnishing cash security of Rs. 5,000/- and his own personal bond for a like sum, by the learned First Class Magistrate, Humnabad. Aggrieved by the order demanding cash security of Rs. 5,000/-from him, the respondent went up in revision to the Court of the learned Sessions Judge, Bidar. The learned Sessions Judge was of the opinion that the Magistrate had no jurisdiction to demand cash security from the respondent and his order was illegal and hence, he has made this reference under S. 438, Criminal P.C.

2. Sri Rego, learned counsel appearing on behalf of the State Public Prosecutor, has supported the reference made by the learned Sessions Judge.

3. Section 499, Criminal P.C. reads as follows:

''Before any person is released on bail or released on his own bond, a bond for such sum of money as the Police officer or Court, as the case may be, thinks sufficient shall be executed by such person, and, when he is released on bail, by one or more sufficient sureties, conditioned that such person shall attend at th