Can an absconding accused, whose property is attached under Section 83 of Code of Criminal Procedure, file an application, after the expiry of two years from the date of attachment, to release the property as provided under Section 85 of Code of Criminal Procedure, is the question to be settled in this revision.

2. The facts are not disputed. Petitioner was the sixth accused in C.C.No.129/1989 on the file of Judicial First Class Magistrate's Court-I, Kozhikode. As he was absconding and his presence could not be procured and disposal of the case against the other accused was delayed unnecessarily, learned Magistrate split up the case as against the sixth accused and re-filed it as C.C.No.283/1990. The case as against the remaining accused were proceeded and as per judgment dated 30.1.1993, those accused were acquitted of all the offences. As the presence of the petitioner could not be procured, in spite of coercive steps, C.C.No. 283/1990 was subsequently included in the long pending register, as provided under Rule 16 of Criminal Rules of Practice, after complying with the procedure provided under Sections 82 and 83 of Code of Criminal Procedure, as L.P.No.43/1994. While