The question that arises for consideration is the stage at which the Magistrate should give a written notice to the Commanding Officer or the competent military, naval or air force authority as contemplated under Rule 4 of the Criminal Courts and Court martial (Adjustment of Jurisdiction) Rules, 1978, for short 'the Rules.'

2. Crl. M.C. 1456 of 1996 is filed by the Flag Officer, Commanding in Chief, Southern Naval Command, Kochi, with a prayer to cancel the bail granted by this Court by Annexure-A order to respondents 1 and 2 (who will hereinafter in this order be referred to as accused 1 and 2) or in the alternative for a direction to the learned Judicial First Class Magistrate-I, Ernakulam to hand over the accused to the petitioner for the purpose of proceeding against them under the Navy Act.

3. Crl. M.C. 1678 of 1996 is filed with a prayer to quash the order dated 11-7-1996 passed by the Judicial First Class Magistrate-I, Ernakulam, whereby he handed over the records and the 3rd accused in Crime No. 46 of 1996 registered at Harbour Police Station, Kochi, to the petitioner in Crl. M.C. No. 1456 of 1996.

4. As the question that arises for consideration in both Crl. M.