Section 170(1) in The Code of Criminal Procedure, 1989 (1933 A. D.)
(1)If, upon an investigation under this Chapter it appears to the officer-in-charge of the police station that there is sufficient evidence or reasonable ground as aforesaid, such officer shall forward the accused under custody of a Magistrate empowered to take cognizance of the offence upon a police report and to try the accused or commit him for trial or, if the offence is bailable and the accused is able to give security, shall take security from him for his appearance from day to day before such Magistrate on a day fixed and for his attendance from day to day before such Magistrate until otherwise directed.
