NATARAJAN, J.

A reference having been made by the II Additional District and Sessions Judge, Tirunelveli, under S. 395(2) of the Criminal P.C., the reference has been posted before us for orders.

2. Notice was given to the Public Prosecutor and he has been heard.

3. In S.C. No. 109 of 1978 there are ten accused persons. While the first accused is in custody, the others had been enlarged on bail. After examination of two witnesses for the prosecution, the second accused who was on bail absconded. Subsequently he could not be traced and even after proclamation was made under S. 82, and attachment of immovable properties was effected under S. 83 of the Criminal P.C., he has not surrendered. In such circumstances, the learned Sessions Judge seeks clarification as to what is the procedure to be adopted by him. Apart from the outcome of the trial affecting the future of accused 1 and 3 to 10, the trial of a connected case in which all the accused in this case are prosecution witnesses is affected by the stoppage of trial in this case.

4. The learned Sessions Judge has stated that the case would not be governed by Rr. 16 and 17 read with R. 20 of the Criminal Rules of Practice as