Section 64: Discharge of suspect informed against

Where on an inquiry under section 59 of this Act it is not proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the suspectin respect of whom the inquiry is made should enter into a recognizance, the Magistrate shall make an entry on the record to that effect, and, shall, if the suspect:(a) is in custody only for the purpose of the inquiry, release him; or
(b) is not in custody, discharge him.