JUDGEMENT

1. This is an application for grant of bail under the provisions of Section 439, Cr. P.C.

2. On 21-12-1980, Rajan Dalai, a watcher of Dhuka Project, Nayagarh lodged F.I.R. at the police station alleging that the petitioners committed theft of barbed wires from the storeyard or the Project and on being detected they confessed their guilt before him and left the stolen articles on the river bed.

3. The petitioners surrendered before the learned Sub-divisional Judicial Magistrate, Nayagarh and moved for bail. The prayer for bail was rejected by the grounds that the petitioners had neither been arrested nor detained by the police nor were they under any sort to restraint and that an application for anticipatory bail did not lie to the court of a Magistrate.

4. Aggrieved by the aforesaid order, the petitioners have filed this application under Section 439, Cr. P.C. for grant of bail. It is contended that the petitioners are innocent and the case has been falsely foisted against them at the instance of their enemies.

5. Mr. R.Ch. Mohanty, the learned counsel for the petitioners submitted that the petitioners having surrendered to the custody of the court they were entitled to be re