( 1 ) THE main question involved in this petition before the court relates to the nature of the custody that can be ordered by a Magistrate during the investigation of a serious offence. The provisions of the Constitution of India as well as the substantive provisions of the ordinary Municipal law of this country protect a person against unlawful arrest. A person who is arrested by the police can only be arrested in certain specified circumstances. In the case of certain serious offences described as cognizable offences, the police can arrest without warrants. In other cases, the arrest has to be on the basis of a warrant issued by a Magistrate. The provisions of Article 22 (2) of the Constitution require such an arrested person to be produced before a Magistrate within a period of 24 hours. Section 56 of the Criminal Procedure Code requires that the arrested person should be produced before a Magistrate having jurisdiction in the case or before an officer incharge of a Police Station. It the offence is a bailable one, which is a categorisation made by the Criminal Procedure, Code, the police itself can grant bail and has to give bail. If the arrested person is char