law: Code of Criminal Procedure Act, 1973
  
  81.Procedure by Magistrate before whom such person arrested is brought.-
  (1) The Executive Magistrate or District
  
  Superintendent of Police or Commissioner of Police shall, if the person
  
  arrested appears to be the person intended by the Court which issued the
  
  warrant, direct his removal in custody to such Court:
  
  Provided that, if the offence is bailable, and such person is already
  
  and willing to give bail to the satisfaction of such Magistrate, District
  
  Superintendent or Commissioner, or a direction has been endorsed under section
  
  71 on the warrant and such person is ready and willing to give the security
  
  required by such direction, the Magistrate, District Superintendent or
  
  Commissioner shall take such bail or security, as the case may be, and forward
  
  the bond, to the Court which issued the warrant:
  
  Provided further that if the offence is a non-bailable one, it shall be
  
  lawful for the Chief Judicial Magistrate (subject to the provisions of section
  
  437), or the Sessions Judge, of the district in which the arrest is made on
  
  consideration of the information and the documents referred to in sub-section
  
  (2) of section 78, to release such person on bail.
  (2) Nothing in this section shall be deemed to prevent a police officer from
  
  taking security under section 71.