ORDER

J.B. Koshy, J. — A learned Single Judge of this Court referred this matter to the Division Bench to consider the question whether under Section 267 of the Code of Criminal Procedure, Magistrate can issue a production warrant and remand the accused who is already in remand in another case, for the purpose of enabling the police for interrogation. In Bineesh v. State of Kerala1 learned Single Judge of this Court held that it is not possible as under section 73 arrest warrant can be issued to a person who is accused in a non-bailable offence only if he is evading arrest and that also can be exercised only against a person residing in the local limits of the Magistrate. Learned Judge held as follows:

“So the question now is that whether the courts of Perum-bavoor and Chavakkad has got the power to issue a production warrant against the petitioner who is already arrested and detained in judicial custody by the Mararikulam Court. The power under S.73 can be exercised by a Magistrate of the First Class only against a person who is within its local limits and also against a person who is evading arrest or escaping from arrest as an escaped accused. The petitioner in this case is not