( 1 ) WE have heard the learned state public prosecutor as also the learned counsel Smt. G. s. anusuya on behalf of the original accused 1.

( 2 ) WE need to mention that some of the other accused are absconding and non-bailable warrants have been issued by this court but so farnet been executed. The difficulty that has arisen is that accused 1 who has undergone more than 5 years in custody has been arrested under the non-bailable warrant issued and he is at present in custody. The learned advocate has presented an application for bail. The learned state public prosecutor very rightly submitted that normally he would not have opposed the grant of bail, but that the accused persons in these dacoity cases have displayed a tendency of moving from place to place or absconding as a result of which it becomes impossible to dispose of the appeal. His request to the court was, therefore, that the appeal to the court was, therefore, that the appeal itself should be heard and disposed of on merits and Smt. Anusuya, the counsel has agreed to this, pursuant to which, we have heard the learned advocates on both the sides on merits. The learned state public prosecutor submits t