Present  : De Sampayo J.  1915.

WILLS v. SHOLAY KANGANY.

1,527-P. C. Matale, 4,236.

Indian labourer charged with criminal misappropriation-Accused bailed out by surety on condition that accused should stay with surety- accused not working on his estate when out on bail-Accused charged under s. 11 of Ordinance No. 11 of 1865 with neglecting the work--Effect of bail on contract of service,-Criminal Procedure Code, s. 400-Warrent in the first instance.

The accused, an estate kangany, who was charged by his master with criminal misappropriation of a sum of Rs. 200, was arrested and bailed out on June 25 by a surety who stood bail for him on the express condition that he should stay with him. The accused did not work on the estate from June 25, and the superintendent charged him, under section 11 of Ordinance No. 11 of 1865, with having failed and neglected to work on the estate from June 25 to July 15.

Held, that the accused had a lawful excuse, under the circumstances, for not working on the estate.

The effect of granting bail is not to set the accused free, but to release him from the custody of the law and to entrust him to the custo