Callow J:

This is an application for bail made in accordance with the provisions of s. 395 of the Criminal Procedure Code.

Mr. Salt appeared for the accused and was heard. Mr. Kilner, the Deputy Public Prosecutor, opposed the application.

In the first place I must guard against any expression likely to, or possible to be construed as, indicating my view of the case. Indeed it is to my disadvantage in considering this application that I know so little of the evidence which it is intended to adduce.

I am therefore of the opinion that I am not at liberty to consider whether the charge against the accused should be for the contravention of s. 395 or 161 of the Penal Code. Mr. Salt emphasised that the alleged facts supported a charge under the latter section, and thus the offence was one in which bail should be granted (vol. 1 Laws of the Straits Settlements p. 542). The learned Deputy Public Prosecutor had little information as to the nature of the prosecution evidence, and in any event I feel it would be improper and impossible for this Court to decide that the accused should be charged under s. 161 of the Penal Code, and in consequence bail should be granted.

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