The Attorney General V. Captain Skinner

Present: Lascelles C.J. and Middleton J.

THE ATTORNEY-GENERAL v. CAPTAIN SKINNER.

39-P. C. Colombo, 31,506.

Police officer-Arrest without warrant-Non-cognizable offence-Police cannot admit to bail-Must take person arrested to Police Magistrate-Criminal Procedure Code, s. 33 (2)-Police Ordinance, No. 16 of 1865, s. 65.

Where a police officer arrested without a warrant a person charged with a non-cognizable offence, and released him on his executing a bail bond with a surety, it was held that the bond was invalid, and was not enforcible, as the provisions of section 33 (2) were not complied with.

Section 55 of Ordinance No. 16 of 1865 applies only to cases where a person is lawfully taken into custody by a police officer without a warrant. These cases are detailed in section 32 of the Criminal Procedure Code.

THIS was an appeal by the Attorney-General against an order of the Police Magistrate of Colombo. The facts are set out in the judgment.

Walter Pereira, K.C., S.-G. (with him Akbar, C.C.), for the Attorney-General.-The Superintendent of Police. Colombo, on the receipt of the warrant for the arrest of Captain Harrison,

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