JUDGMENT

1. In this case certain persons being required to furnish security for good behavior under sec. 110, Cr. P.C., offered the Petitioners as sureties. The Deputy Magistrate ordered a Police enquiry and, upon the Police reporting that the sureties were related to the prisoners and making certain insinuations against them, the Deputy Magistrate recorded the following order: "The applicants are not fit persons to stand sureties. Their application is rejected." The Deputy Magistrate gave no reasons notwithstanding the provisions of sec. 122, Cr. P.C., which expressly requires a Magistrate to record his reasons for holding a surety to be an unfit person. The police-report itself, on which the Deputy Magistrate acted, discloses no grounds of unfitness except the allegation of relationship and certain conjectures and surmises. It is not at all clear why relationship is necessarily a disqualification, whereas it is easy to conceive cases where a relation would possess special advantages in watching and controlling the conduct and movements of a bad character. The intention of the legislature in insisting that a Magistrate should record his reasons in refusing to accept a surety on the