Section 169 of CrPC – Release of accused when evidence deficient.—
If, upon an investigation under this Chapter, it appears to the officer in charge of the police
station that there is not sufficient evidence or reasonable ground of suspicion to justify the
forwarding of the accused to a Magistrate, such officer shall, if such person is in custody,
release him on his executing a bond, with or without sureties, as such officer may direct, to
appear, if and when so required, before a Magistrate empowered to take cognizance of the
offence on a police report, and to try the accused or commit him for trial.
The perusal of the aforesaid Section would reveal that the Investigating Officer is under an obligation to release such person, who is in custody on executing a bond with or without sureties, if evidence is not sufficient and/or there are no reasonable grounds of suspicion to forward such person to the Magistrate.
The plain reading of Section 169 of the CrPC, postulates that when the Investigating Officer reports his action to the learned Magistrate, it will not be a report, however it will be a report of his action either by the Investigating Officer or by the Officer in-charge of the police station.
Section 169 of the CrPC is silent in making report to the Magistrate, however the Investigating Officer is under an obligation to submit its report to the Magistrate under Section 173 of the CrPC. Thus, though Section 169 of the CrPC does not contemplate making a report, it contemplates of obtaining a bond with or without sureties from the accused to appear if and when so required before the Magistrate empowered to take cognizance of the offence on a police report and such report is contemplated under Section 173 of the CrPC.