JUDGMENT

Mookerjee, J. - This rule, which was granted by Suhrawardy and Chotzner, JJ., on the 29th August, 1923, calls upon the District Magistrate of Alipore to show cause why the petitioner Nagendranath Chakrabarti should not be let out on bail. As the rule has been opposed on behalf of the Grown, the facts material for the determination of the question must be narrated in detail.

2. The petitioner, who was arrested on the 5th August, 1.923, by Inspector Hernchandra Lahiri of the Calcutta Police, asserts that ho is a motor mechanic and driver and holds certificates of good character from various gentlemen, Indian and European, who have employed him during the last ten years. He further alleges that at the time of his arrest his house was thoroughly searched but nothing suspicions or incriminating was found. The petitioner, after his arrest on the 5th August, is said to have been produced on the 16th August before a Deputy Commissioner of Police to whom he applied for bail; but the application was refused. On the 18th August an application for bail was then made on his behalf to the Chief Presidency Magistrate, but he was informed that his proper remedy was by Habeas Corpus. On the