Seven persons have filed a joint application that this Court should issue directions in the nature of habeas corpus under section 491 of the Code of Criminal Procedure to produce the petitioners before this Court and to set them at liberty.

Although the evidence adduced by the petitioners is very unsatisfactory, in that they have filed only one affidavit, and that by a person who had no acquaintance with the facts to which he has sworn, yet two allegations relied on by the petitioners seem to be true and are not denied by the learned Public Prosecutor. The first is that they were remanded to the Central Jail, Trichinopoly, instead of to the Central Jail, Madura, which is the Jail to which prisoners are normally remanded when under trial in the Courts of the Madura district, including that of the Stationary Sub-Magistrate of Madura, in whose Court the petitioners were being tried. The other complaint of the petitioners is that the provisions of sections 167 and 344 of the Code of Criminal Procedure were not complied with, in that they were not brought to Court when the Magistrate issued fresh orders for the remand of the petitioners to custody.

On the first point, it seems