5. By virtue of the order, dated 11.04.2011, the learned Sessions Judge directed the petitioners to surrender before the III Additional Judicial Magistrate of I Class, Tirupati. If such a direction is followed, the petitioners have to surrender before the III Additional Judicial Magistrate of I Class, Tirupati. When once they surrender, III Additional Judicial Magistrate of I Class, Tirupati gets jurisdiction to grant or refuse the bail under Section 437 Cr.P.C. The learned District Judge, who passed that order has no power to grant bail under Section 437 Cr.P.C. However, the learned Sessions Judge can also grant bail under Section 439 Cr.P.C. It is well settled that the learned District Judge cannot exercise both powers under Section 438 and 439 Cr.P.C. simultaneously. No doubt, the order dated 11.04.2011 in Crl.M.P.No.550 of 2011 passed by the learned Sessions Judge is not under challenge. But at the same time, when illegality is brought to the notice of this Court, the same can be corrected. An illegality cannot be perpetuated. So, by exercising of powers under Section 482 Cr.P.C., the order dated 11.04.2011 is set aside and the trial Court shall consider the case in accordance with law.
