1. This reference, on a report by the District Magistrate. Trivandrum, under S.438 of the Code of (Criminal Procedure, has been placed before us, as the question of law involved in the matter, in the opinion of Khalid, J., before whom it came up for hearing in the first instance, deserves to be considered by a Division Bench. The question is whether an accused in a criminal case is entitled to apply for and obtain certified copy of the "remand report" filed by the police, and, if so, whether there is any limitation as to the stage at which such copy could be granted by the court.

2. S.76 of the Indian Evidence Act clothes any person who has a right to inspect a public document in the custody of a public officer, with a right to obtain on demand a copy thereof on payment of the legal fee therefor. The requirements in terms of this section for the grant of a certified copy are: (1) the document in respect of which the copy is applied for should be a public document; (2) it must be in the custody of a public officer; (3) the applicant should have a right to inspect it; and (4) the applicant should pay the prescribed legal fee for the certified copy.

3. We proceed on the assu