Order.-These are petitions for releasing P.Ws. 1 to 3 who are the approvers in S.C. No. 9 of 1978 on the file of the District and Sessions Judge, Dharmapuri at Krishnagiri, pending trial of the aforesaid case. Crl.M.P. No. 1539 of 1978 has been filed on behalf of Palaniswami alias Gundu Palani, the approver P.W. 1. Cr.M.P. No. 1540 of 1978 has been filed on behalf of Govindaswami alias Mappillai, the approver P.W. 2 while Crl.M.P. No. 1541 of 1978 has been filed on behalf of Santhanam, the approver P.W. 3.

2. In the affidavit filed by one Marimuthu, who claims to be the brother-in-law of the petitioner in Crl.M.P. No. 1539 of 1978 it is stated that the approver Palaniswami was arrested in February, 1976 in connection with the murder of one Palaniappan and his son on 24th June, 1974 on the Poolavari Parapatti Road and on 17th April, 1976 a statement under section 164, Criminal Procedure Code was recorded from the approver by the Judicial Second Class Magistrate, Rasipuram and on 5th June, 1976 pardon was tendered to him and he was taken as an approver and was examined as P.W. 1 in P.R.C. No. 3 of 1976 on the file of the Judicial First Class Magistrate No. 1 of Salem on 9th May, 1977 and during the course of his testimony he had alleged that he was forced by the police authorities to make a judicial confession and accept the pardon after having been kept under illegal custody for a number of days during which he was subjected to torture, humiliation and threats by the police authorities and he was treated as hostile by the prosecution and was cross-examined by the prosecution and on 18th February, 1978 a petition was even presented by the Special Public Prosecutor to arraign him as an accused but it was dismissed and the petitioner has been in custody for over two years and as such he may be released on bail.

3. If the affidavit filed by one Sivagurunathan, who claims to be the son of the petitioner Govindaswami, in Crl. M. P. No. 1540 of 1978, it is stated that the petitioner was arrested and kept in illegal custody and subjected to torture and humiliation and forced to give a statement under section 164, Criminal Procedure Code and to accept a pardon and was made to speak to a false version as tutored by the police and when he was examined as P.W. 2 in P.R.C. No. 17 of 1977 on 18th February, 1978 he denied knowledge about this case and stated that the statement under section 164, Criminal Procedure Code was extorted from him under pressure, threat and harassment and he has been in custody for over two years and as such he may be released on bail. In the affidavit filed by one Vasantha, the wife of the petitioner in Crl.M.P. No. 1541 of 1978 also similar allegations have been made.

4. In the counters filed on behalf of the respondent by the Inspector of Police, Crime Branch, C.I.D., Madras on Special Duty it is stated that Palaniswami was arrested in the month of April, 1976 and that the allegations contained in the affidavits filed in support of these petitions are false, and That the two approvers P.Ws. 2 and 3 were not even treated hostile by the prosecution and further the prosecution has yet another opportunity of confronting the approvers with their confessional statements in the Court of Session and the prosecution cannot be deprived of that opportunity and as such until the approvers are put in the witness box in the Court of Session and examined, they would continue to be approvers and witnesses on the side of the prosecution and only after they are so examined at the trial, Public Prosecutor will be enabled to decide about the issuance of a certificate under section 308, Criminal Procedure Code and further according to the mandatory provisions of the Code an approver will not be entitled to be released on bail until the trial is over.

5. It must be noted that the first approver P.W. 1 has been charged with conspiracy as well as for murder while the other two approvers have been charged with criminal conspiracy to commit