1. This is a petition filed by one Subbayyan Achari Gopalan Achari, who is now in judicial custody and is facing proceedings under S.110 (a) of the Code of Criminal Procedure, 1973 (for short the 'Code'). The petitioner was heard in person at one stage. Subsequently a member of this bar has been appointed as the State Counsel to address arguments on his behalf. The learned Advocate General also has been heard.

2. On 21-12-1980, the Sub Inspector of Police, Punalur submitted a report to the Second Class Judicial Magistrate, Punalur stating that in the early hours of the morning on 21-12-1980 the petitioner was found suspiciously hiding in a varandah of a Hardware Shop near Punalur market and he was trying to escape when he was found by the police and he gave evasive and misleading answers when he was questioned by the police regarding his identity and address, that he could not satisfactorily account for his presence there and that the police officer was satisfied that he was present there to commit an offence. A bunch of keys and other articles were found in his custody and they were seized under a mahazar. After investigation it was found that he was D. C. No. 20 of Kon